`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`HMD GLOBAL, et al.
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`ASUSTEK COMPUTER INC., et al.
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`PANASONIC CORPORATION, et al.
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`SONY CORPORATION, et al.
`
`
`
`Case No. 2:22-cv-00443-JRG
`(Lead Case)
`
`
`
`
`Case No. 2:22-cv-00440-JRG
`(Member Case)
`
`
`
`
`Case No. 2:22-cv-00447-JRG
`(Member Case)
`
`
`
`
`Case No. 2:22-cv-00448-JRG
`(Member Case)
`
`
`UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
`
`
`
`Defendants HMD Global Oy and HMD America, Inc. (“HMD”)1 hereby move for an
`
`extension of time for HMD to respond to the Complaint filed by AGIS on November 18, 2022
`
`(Dkt. No. 1).2
`
`
`1 While AGIS’s complaint identifies “HMD Global” as a separate third defendant, it is not included
`in this stipulation as HMD is unaware of any such distinct corporation with that name.
`2 HMD understands that corresponding motions are being filed in Civil Action Nos. 2-22-cv-00440
`(AGIS Software Development LLC v. ASUStek Computer Inc. et al); 2-22-cv-00447 (AGIS
`Software Development LLC v. Panasonic Corporation et al); and 22-cv-00448 (Sony Corporation
`v. HMD Global et al). These cases involve the same asserted patents and, as with the case against
`HMD, had been stayed pending the ITC investigation. If granted, the motions would result in the
`
`
`
`
`
`Case 2:22-cv-00443-JRG Document 22 Filed 11/10/23 Page 2 of 4 PageID #: 194
`
`
`
`
`
`On January 25, 2023, the case was stayed pending a final determination in In the Matter of
`
`Certain Location-Sharing Systems, Related Software Components Thereof, and Products
`
`Containing Same (ITC Inv. No. 337-TA-1347) (Dkt. No. 12). On October 12, 2023, the parties
`
`filed a joint notice informing the Court of the termination of that investigation (Dkt. No. 13). On
`
`October 17, 2023, this Court lifted the stay and ordered HMD to answer or otherwise respond to
`
`the Complaint by November 16, 2023 (Dkt. No. 14).
`
`
`
`HMD Global Oy—a foreign corporation organized under the laws of Finland—has not
`
`been served with AGIS’s Complaint, nor has HMD America, Inc. However, pursuant to an
`
`agreement between the parties, HMD Global Oy and HMD America, Inc. agreed on October 31,
`
`2023 to waive service in exchange for a 60-day extension of time for HMD Global Oy and HMD
`
`America, Inc. to respond from the November 16, 2023 date originally set by the Court.
`
`Accordingly, HMD respectfully requests that the Court move HMD’s deadline to answer or
`
`otherwise respond to the Complaint to January 16, 2024. Counsel for AGIS confirmed that they
`
`do not oppose the requested relief.
`
`
`
`
`
`
`
`Sony, ASUStek, HMD, and Panasonic defendants all having response deadlines at approximately
`the same time in January.
`
`2
`
`
`
`Case 2:22-cv-00443-JRG Document 22 Filed 11/10/23 Page 3 of 4 PageID #: 195
`
`
`
`Dated: November 10, 2023
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Matthew J. Moffa
`MATTHEW J. MOFFA
`NY Bar No. 5045067
`mmoffa@perkinscoie.com
`WILLIAM J. MCCABE
`NY Bar No. 2258085
`wmccabe@perkinscoie.com
`PERKINS COIE LLP
`1155 Avenue of the Americas, 22nd Floor
`New York, NY 11036
`Telephone: (212) 262-6900
`Facsimile: (212) 977-1649
`
`Counsel for Defendants HMD Global Oy and
`HMD America, Inc.
`
`
`3
`
`
`
`Case 2:22-cv-00443-JRG Document 22 Filed 11/10/23 Page 4 of 4 PageID #: 196
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that on November 10, 2023, counsel for HMD conferred via email with
`
`counsel for AGIS regarding the Motion. Based on that conference, the relief requested herein is
`
`unopposed.
`
`
`
`
`
`
`
`/s/ Matthew J. Moffa
`Matthew J. Moffa
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to the Federal Rules of Civil Procedure and Local Rule CV-5, I hereby certify
`
`that, on November 10, 2023 all counsel of record who have appeared in this case are being served
`
`with a copy of the foregoing via the Court’s CM/ECF system.
`
`
`
`
`
`
`
`/s/ Matthew J. Moffa
`Matthew J. Moffa
`
`
`
`
`
`
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