`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ADVANCED CODING
`TECHNOLOGIES LLC,
`
`
`
`v.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`CIVIL ACTION NO. 2:24-cv-00353-JRG
`
`
`JOINT MOTION FOR EXTENSION OF TIME TO AMEND THE FIRST AMENDED
`COMPLAINT AND TO ANSWER OR OTHERWISE RESPOND
`
`Plaintiff Advanced Coding Technologies LLC (“ACT”) and Defendant Google LLC
`
`(“Google”) respectfully request to extend the time within which ACT is required to amend its
`
`First Amended Complaint should it choose to amend its dismissed claims and to extend the time
`
`within which Google is required to answer or otherwise respond, either to the current complaint
`
`or an amended complaint should ACT amend its dismissed claims.
`
`
`
`On December 13, 2024, the Court granted-in-part and denied-in-part Google’s Motion to
`
`Dismiss ACT’s First Amended Complaint for Failure to State a Claim. ECF No. 47. ACT’s
`
`claims of pre-suit induced infringement and pre-suit contributory infringement of ’101 and ’891
`
`Patents and pre-suit willful infringement of ’101 Patent were dismissed without prejudice. Id. at
`
`8. The current deadline for ACT to amend its dismissed claims is December 27, 2024. Id. The
`
`current deadline for Google to answer or otherwise respond to ACT’s First Amended Complaint,
`
`if ACT choses not to further amend its complaint, is December 27, 2024. If ACT files a Second
`
`Amended Complaint, Google’s response to a Second Amended Complaint would be due on
`
`January 10, 2025, assuming ACT files it on December 27, 2024.
`
`
`
`1
`
`
`
`Case 2:24-cv-00353-JRG Document 48 Filed 12/19/24 Page 2 of 3 PageID #: 843
`
`The Parties have discussed extending the deadlines in light of the timing with respect to the
`
`end of the year and have agreed to an extension of time for further pleadings. Accordingly, the
`
`Parties request an extension of the time ACT is required to amend its dismissed claims from
`
`December 27, 2024 to January 17, 2025 and the time Google is required to answer or otherwise
`
`respond, whether to the current operative complaint or an amended complaint if filed by January
`
`17, 2025, to February 14, 2025. This request is not made for purposes of delay, and no other
`
`adjustments to the schedule are requested or necessary at this time.
`
`As such, the Parties respectfully request this Court grant an extension until and including
`
`January 17, 2025 for ACT to amend its complaint and an extension until and including February
`
`14, 2025 for Google to answer or otherwise respond to the operative complaint.
`
`
`
`
`
`Dated: December 19, 2024
`
`By: /s/ Michael E. Jones, with permission
`from Douglas E. Lumish
`
`Douglas E. Lumish
`Linfong Tzeng
`LATHAM & WATKINS LLP
`140 Scott Drive
`Silicon Valley, CA 94025
`Tel: (650) 328-4600
`Fax: (650) 463-2600
`doug.lumish@lw.com
`linfong.Tzeng@lw.com
`Doug.lumish@lw.com
`Linfong.Tzeng@lw.com
`Patricia Young
`LATHAM & WATKINS LLP
`1271 Avenue of the Americas
`New York, NY 10020
`Tel: (212) 906-1200
`Fax: (212) 751-4864
`patricia.young@lw.com
`
`
`
`
`By: /s/ Michael E. Jones, with permission
`from Peter Lambrianakos
`
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Joseph M. Mercadante
`NY Bar No. 4784930
`Email: jmercadante@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue, Suite 206
`South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`
`
`
`2
`
`
`
`Case 2:24-cv-00353-JRG Document 48 Filed 12/19/24 Page 3 of 3 PageID #: 844
`
`Samuel F. Baxter
`Texas Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`Attorneys for Plaintiff
`
`
`Joseph H. Lee
`LATHAM & WATKINS LLP
`650 Town Center Drive, 20th Floor
`Costa Mesa, CA 92626
`Tel: (714) 540-1235
`Fax: (714) 755-8290
`joseph.lee@lw.com
`
`Michael E. Jones (State Bar No. 10929400)
`mikejones@potterminton.com
`Shaun W. Hassett (State Bar No. 24074372)
`shaun.hassett@potterminton.com
`POTTER MINTON, P.C.
`102 North College, Suite 900
`Tyler, Texas 75702
`(903) 597-8311
`(903) 593-0846 facsimile
`
`Attorneys for Defendant
`
`
`CERTIFICATE OF CONFERENCE
`
`
`
`The undersigned hereby certifies that all counsel of record have met and conferred in
`
`accordance with CV-7(h) and that this motion is unopposed.
`
`
`
`
`
`
`
`/s/ Michael E. Jones, with permission from
`Douglas E. Lumish
`
`3
`
`
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