`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`PANASONIC CORPORATION and
`PANASONIC CORPORATION OF
`NORTH AMERICA,
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`
`
`
`Case No. 2:22-cv-447-JRG
`
`
`
`
`
`
`
`
`
`
`
`DEFENDANTS’ NOTICE REGARDING ITC DETERMINATION
`
`Pursuant to the Court’s Order Granting Defendants’ Unopposed Motion to Stay Pending
`
`ITC Determination (Dkt. No. 13), Defendants, Panasonic Corporation and Panasonic
`
`Corporation of North America (collectively “Panasonic”), respectfully submit this notice
`
`regarding the termination of Plaintiff AGIS Software Development LLC’s (“AGIS”) ITC
`
`investigation against Panasonic.1
`
`On June 15, 2023, AGIS withdrew its complaint and moved to terminate its ITC
`
`investigation against Panasonic and other respondents. On June 20, 2023, Administrative Law
`
`Judge (“ALJ”) Moore issued an Initial Determination that AGIS’s motion to terminate be
`
`granted. On July 10, 2023, the ITC decided not to review ALJ Moore’s Initial Determination
`
`and terminated AGIS’s ITC investigation in its entirety. On July 13, 2023, a notice of the ITC’s
`
`decision was published in the Federal Register. Certain Location-Sharing Systems, 88 Fed. Reg.
`
`44,840 (July 13, 2023). A copy of the notice is attached hereto as Exhibit A.
`
`
`1 Panasonic requested AGIS’s position on this notice regarding ITC determination so that the parties could
`submit a joint notice pursuant to the Court’s stay Order; however, AGIS has not responded to this request.
`
`1
`
`
`
`Case 2:22-cv-00447-JRG Document 14 Filed 10/11/23 Page 2 of 2 PageID #: 174
`
`Panasonic appears specially to file this notice because AGIS has not yet served process
`
`on Panasonic.
`
`Panasonic’s special appearance does not waive any of its objections and defenses to
`
`AGIS’s Complaint, including, but not limited to, any defenses based on lack of jurisdiction,
`
`improper venue, inconvenient venue, insufficiency of process, and insufficiency of service of
`
`process, and does not waive Panasonic’s right to seek appropriate relief, including dismissal of
`
`the Complaint or venue transfer. Panasonic expressly reserves all objections, defenses, and other
`
`rights in response to AGIS’s Complaint.
`
`Date: October 11, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Trey Yarbrough
`Trey Yarbrough
`Bar No. 22133500
`trey@yw-lawfirm.com
`YARBROUGH WILCOX, PLLC
`100 E. Ferguson, Suite 1015
`Tyler, Texas 75702
`903-595-3111 office
`903-595-0191 fax
`
`ATTORNEY FOR DEFENDANTS
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served with a copy of this document via the Court’s
`
`CM/ECF system per Local Rule CV-5(a)(3) on October 11, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Trey Yarbrough
`Trey Yarbrough
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`