Case 6:14-cv-00982-KNM Document 87 Filed 06/23/15 Page 1 of 5 PageID #: 570
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:14-cv-982
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`CONSOLIDATED LEAD CASE
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`CIVIL ACTION NO. 6:14-cv-983
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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` Plaintiff,
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`v.
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`LG ELECTRONICS, INC., et al.,
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` Defendants.
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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` Plaintiff,
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`v.
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`SONY MOBILE COMMUNICATIONS
`INC., et al.,
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` Defendants.
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`STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO
`DEFENDANT SONY MOBILE COMMUNICATIONS INC.
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`Plaintiff Cellular Communications Equipment LLC (“CCE”) and Defendants Sony
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`Mobile Communications Inc. and Sony Mobile Communications (USA) Inc. submit the
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`following Stipulation of Dismissal Without Prejudice as to Defendant Sony Mobile
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`Communications Inc. and in support thereof state:
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`1.
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`On December 19, 2014, Plaintiff CCE filed suit against Sony Mobile
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`Communications Inc., Sony Mobile Communications (USA) Inc., and others for infringement of
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`U.S. Patent No. 8,385,966, U.S. Patent No. 8,868,060, and U.S. Patent No. 8,848,556. On
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:14-cv-982
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`CONSOLIDATED LEAD CASE
`
`CIVIL ACTION NO. 6:14-cv-983
`
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
` Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., et al.,
`
` Defendants.
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
` Plaintiff,
`
`v.
`
`SONY MOBILE COMMUNICATIONS
`INC., et al.,
`
` Defendants.
`
`
`
`STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO
`DEFENDANT SONY MOBILE COMMUNICATIONS INC.
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`Plaintiff Cellular Communications Equipment LLC (“CCE”) and Defendants Sony
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`
`
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`Mobile Communications Inc. and Sony Mobile Communications (USA) Inc. submit the
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`following Stipulation of Dismissal Without Prejudice as to Defendant Sony Mobile
`
`Communications Inc. and in support thereof state:
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`1.
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`On December 19, 2014, Plaintiff CCE filed suit against Sony Mobile
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`Communications Inc., Sony Mobile Communications (USA) Inc., and others for infringement of
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`U.S. Patent No. 8,385,966, U.S. Patent No. 8,868,060, and U.S. Patent No. 8,848,556. On
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`1
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`Case 6:14-cv-00982-KNM Document 87 Filed 06/23/15 Page 2 of 5 PageID #: 571
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`February 18, 2015, this suit was consolidated with TXED-6:14-cv-982, which has been
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`designated the lead case.
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`2.
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`Sony Mobile Communications Inc. and Sony Mobile Communications (USA) Inc.
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`represent and warrant that:
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`a. Sony Mobile Communications Inc. is a Japanese corporation and does not make,
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`import, market, sell, test or distribute the allegedly infringing products in the
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`United States and does not otherwise engage in any activities specified in 35
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`U.S.C. §271. Sony Mobile Communications (USA) Inc. is the entity exclusively
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`responsible for the importation, marketing, sales, testing and distribution in the
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`United States of the allegedly infringing products identified by CCE in its May
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`15, 2015 Infringement Contentions;
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`b.
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`Sony Mobile Communications Inc. and Sony Mobile Communications
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`(USA) Inc. agree that for purposes of discovery in this case, to the extent
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`discoverable documents and information not otherwise in the possession, custody
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`and control of Sony Mobile Communications (USA) Inc. are in the possession,
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`custody, or control of Sony Mobile Communications, Inc., Sony Mobile
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`Communications (USA) Inc. will obtain and produce such discoverable
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`documents and information. Sony Mobile Communications (USA) Inc. will not
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`object to a request for a deposition on the grounds that the prospective deponent is
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`an employee of Sony Mobile Communications Inc. (though nothing in this
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`stipulation prevents Sony Mobile Communications (USA) Inc. from objecting to a
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`deposition on other grounds);
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`2
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`Case 6:14-cv-00982-KNM Document 87 Filed 06/23/15 Page 3 of 5 PageID #: 572
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`c.
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`Sony Mobile Communication (USA), Inc. is the proper party to defend
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`against allegations made in this patent infringement lawsuit. Furthermore, Sony
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`Mobile Communication (USA), Inc. or any assignee of Sony Mobile
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`Communication (USA), Inc. is able to satisfy any judgment in this patent
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`infringement lawsuit against it. Sony Mobile Communications Inc. and Sony
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`Mobile Communications (USA) Inc. each warrant and represent that they will not
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`take any action that will cause Sony Mobile Communications (USA) Inc. to be
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`unable to fully satisfy any such judgment;
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`d.
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`Any and all claims or causes of action by CCE against Sony Mobile
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`Communications Inc., if any, relating to the patents-in-suit are tolled from the
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`filing date of this dismissal and for such time as Sony Mobile Communications
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`(USA) Inc. remains a party to this case; and
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`e.
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`Upon being dismissed without prejudice from this case, Sony Mobile
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`Communications Inc. (as well as any successor-in-interest thereto) will not initiate
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`a declaratory judgment action under 28 U.S.C. § 2201 against CCE based on
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`liability under the patents-in-suit.
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`3.
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`CCE expressly does not stipulate or agree to any of the foregoing facts, and
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`reserves its right to dispute any of the foregoing factual representations with evidence to the
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`contrary.
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`4.
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`In reliance upon the representations and warranties made in paragraphs 2(a) – 2(e)
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`above, CCE agrees to dismiss Sony Mobile Communications Inc. without prejudice as allowed
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`under Rule 41(a)(2) of the Federal Rules of Civil Procedure.
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`3
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`Case 6:14-cv-00982-KNM Document 87 Filed 06/23/15 Page 4 of 5 PageID #: 573
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`5.
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`CCE has not released, and nothing in this Stipulation should be construed as a
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`release or discharge of, any claim CCE has or may have in the future against any defendant
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`named in this action of any other asserted infringer of the patents-in-suit. All other rights have
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`been expressly reserved.
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`Accordingly, CCE, Sony Mobile Communications (USA) Inc., and Sony Mobile
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`Communications Inc. request that the Court enter the attached order dismissing Sony Mobile
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`Communications Inc. without prejudice.
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`Dated: June 23, 2015
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`Respectfully submitted,
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`/s/ Edward R. Nelson III
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`Edward R. Nelson III
`ed@nelbum.net
`Texas State Bar No. 00797142
`S. Brannon Latimer
`brannon@nelbum.com
`Texas State Bar No. 24060137
`Thomas C. Cecil
`tom@nelbum.com
`Texas State Bar No. 24069489
`NELSON BUMGARDNER, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Rd. Ste. 220
`Longview, Texas 75606-1231
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`/s/ Chelsea A. Loughran
`
`Richard L. Wynne, Jr.
`Texas State Bar No. 24003214
`THOMPSON & KNIGHT LLP
`One Arts Plaza
`1722 Routh St., Suite 1500
`Dallas, Texas 75201
`214.969.1386
`214.880.3267 (Fax)
`richard.wynne@tklaw.com
`
`
`Michael N. Rader (pro hac vice)
`Charles T. Steenburg (pro hac vice)
`Chelsea A. Loughran (pro hac vice)
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`(617) 646-8000
`mrader@wolfgreenfield.com
`csteenburg@wolfgreenfield.com
`cloughran@wolfgreenfield.com
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`ATTORNEYS FOR SONY MOBILE
`COMMUNICATIONS INC. AND
`SONY MOBILE COMMUNICATIONS
`(USA) INC.
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`4
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`Case 6:14-cv-00982-KNM Document 87 Filed 06/23/15 Page 5 of 5 PageID #: 574
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`(903) 757-6400
`(903) 757-2323 (fax)
`jw@jwfirm.com
`wh@wsfirm.com
`ch@wsfirm.com
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`ATTORNEYS FOR PLAINTIFF
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing document was filed
`electronically in compliance with Local Rule CV-5 on this 23rd day of June, 2015. As of this
`date, all counsel of record have consented to electronic service and are being served with a copy
`of this document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
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`/s/ Edward R. Nelson III
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`5
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