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`Exhibit 37
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`Case 5:16-cv-00179-RWS Document 287-40 Filed 08/07/18 Page 2 of 4 PageID #: 16925
`Case 5:16-cv-00178-RWS Document 375 Filed 05/24/18 Page 1 of 3 PageID #: 25259
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
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`v.
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`HUAWEI DEVICE USA INC. and
`HUAWEI DEVICE CO., LTD.,
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`Defendants.
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`Case No. 5:16-cv-00178-RWS
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`JURY TRIAL DEMANDED
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`MAXELL’S NOTICE REGARDING ZTE’S
`OPPOSITION TO CHANGING ORDER OF TRIALS
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`Maxell, Ltd. (“Maxell”) files and makes this notice regarding ZTE’s recently filed notice
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`of opposition to changing order of trials. Dkt. No. 371.
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`During the parties’ May 18, 2018 status conference, the Court instructed Maxell to reach
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`out to ZTE regarding Maxell’s proposal that the ZTE trial precede the Huawei trial. Maxell did
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`so by e-mail that same evening. Ex. 1. Maxell’s counsel specifically stated that the Court
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`instructed Maxell to inquire about ZTE’s position, requested a response from ZTE and indicated
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`that Maxell and Huawei were to report back to the Court by Wednesday of this week. Id. As of
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`the filing of the parties’ Joint Status Update (Dkt. No. 363), Maxell received no response.
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`Maxell regrets having to make this filing but is compelled to correct and clarify the
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`record. Maxell provides this notice to correct the false impression left by ZTE’s filing that
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`Maxell failed to follow the Court’s instruction. Further, Maxell provides notice that it disputes
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`ZTE’s representations regarding the subject of the May 10, 2018 oral conversation between
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`Steven Moore and Jamie Beaber, which were directed towards settlement.1
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`1 However, Maxell acknowledges that it reached out to ZTE while the Huawei and ZTE cases
`were consolidate in January of 2018 on this issue and it did not receive a response from ZTE.
`Then on March 5, 2018 – also while the Huawei and ZTE cases were consolidated – ZTE
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`
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`Case 5:16-cv-00179-RWS Document 287-40 Filed 08/07/18 Page 3 of 4 PageID #: 16926
`Case 5:16-cv-00178-RWS Document 375 Filed 05/24/18 Page 2 of 3 PageID #: 25260
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`Dated: May 24, 2018
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`Respectfully submitted,
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`/s/ Jamie B. Beaber
`Geoff Culbertson
`Kelly Tidwell
`Patton, Tidwell & Culbertson, LLP
`2800 Texas Boulevard (75503)
`Post Office Box 5398
`Texarkana, TX 75505-5398
`Telephone: (903) 792-7080
`Facsimile: (903) 792-8233
`gpc@texarkanalaw.com
`kbt@texarkanalaw.com
`
`Jamie B. Beaber
`Alan M. Grimaldi
`Kfir B. Levy
`James A. Fussell, III
`Baldine B. Paul
`Tiffany A. Miller
`Saqib Siddiqui
`Bryan Nese
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`
`Robert G. Pluta
`Amanda S. Bonner
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
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`indicated it did not agree that changing the order of trials was appropriate based on the docket
`numbers in the Huawei and ZTE cases. However this topic was not discussed by the parties on
`May 10, 2018 or at any time since the consolidation order was vacated (until Friday evening’s e-
`mail attached hereto as Exhibit 1). See Dkt. No. 48 (Order vacating consolidation Order).
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`
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`Case 5:16-cv-00179-RWS Document 287-40 Filed 08/07/18 Page 4 of 4 PageID #: 16927
`Case 5:16-cv-00178-RWS Document 375 Filed 05/24/18 Page 3 of 3 PageID #: 25261
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`Counsel for Plaintiff Maxell, Ltd.
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 24th day of May, 2018, with a copy of this document via
`electronic mail pursuant to Local Rule CV-5(d).
`
`/s/ Jamie B. Beaber
`Geoff Culbertson
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