`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`Case No. 2-23-cv-00083-RWS-RSP
`
`JURY TRIAL DEMANDED
`
`SLYDE ANALYTICS LLC,
`
`Plaintiff,
`
`v.
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`NOTICE OF IPR INSTITUTION FOR ASSERTED ’033 PATENT AND
`SUPPLEMENTAL AUTHORITY FOR MOTION TO STAY (DKT. No. 42)
`
`Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
`
`(collectively, “Samsung”) filed a Motion To Stay Until Conclusion of PTAB Proceedings Relating
`
`to the Pending Petitions for Inter Partes Review. See Dkt. Nos. 42, 44, 47, and 48. Relating to
`
`this pending motion, Samsung respectfully notifies the Court that, on March 22, 2024, the Patent
`
`Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office instituted
`
`review of one of the patents-in-suit: U.S. Patent Nos. 8,588,033 (“the ’033 Patent”). See Ex. A
`
`(IPR2024-00006, Decision Granting Institution of Inter Partes Review).
`
`In its institution decision, the PTAB stated:
`
`Upon consideration of the Petition, the Preliminary Response, and
`the evidence of record, for the reasons given below we determine
`the information presented in the Petition demonstrates there is a
`reasonable likelihood that Petitioner would prevail in establishing
`the unpatentability of at least one challenged claim of the ’033
`patent.
`Ex. A at 3. Accordingly, the PTAB instituted an inter partes review of all claims of the ’033
`
`Patent, which encompasses all claims of the ’033 Patent asserted in this lawsuit.
`
`
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 56 Filed 03/26/24 Page 2 of 4 PageID #: 342
`
`
`
`The PTAB has not yet issued orders regarding institution of the petitions requesting inter
`
`partes review of all claims of the remaining three patents-in-suit.
`
`
`
`DATED: March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Ryan Yagura
`Ryan Yagura (TX #24075933)
`ryagura@omm.com
`Nicholas Whilt (admitted pro hac vice)
`nwhilt@omm.com
`Grace McFee (admitted pro hac vice)
`gmcfee@omm.com
`O’MELVENY & MYERS LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`Facsimile: (213) 430-6407
`
`Timothy Durst (TX #786924)
`tdurst@omm.com
`Jeffery Baxter (TX #24006816)
`jbaxter@omm.com
`O’MELVENY & MYERS LLP
`2501 North Harwood Street
`Dallas, TX 75201
`Telephone: (972) 360-1927
`Facsimile: (972) 360-1901
`
`Brad Berg (admitted pro hac vice)
`bmberg@omm.com
`O’MELVENY & MYERS LLP
`610 Newport Center Drive, 17 Floor
`Newport Beach, CA 92660
`Telephone: (949) 823-6900
`Facsimile: (949) 823-6994
`
`
`
`
`
`
`
`
`By:
`
`2
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 56 Filed 03/26/24 Page 3 of 4 PageID #: 343
`
`Melissa R. Smith (TX #24001351)
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Counsel for Samsung Electronics Co, Ltd. and
`Samsung Electronics America, Inc.
`
`
`
`
`
`
`3
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 56 Filed 03/26/24 Page 4 of 4 PageID #: 344
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing document
`
`has been served on March 26, 2024 to all counsel of record who are deemed to have consented to
`
`electronic service via the Court’s CM/ECF system.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Ryan Yagura
`Ryan Yagura
`O’Melveny & Myers LLP
`
`
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
