`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`
`BELL NORTHERN RESEARCH, LLC,
`
`Plaintiff,
`
`v.
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`NXP SEMICONDUCTORS, N.V.; NXP,
`B.V.; and NXP USA, INC.,
`
`
`Defendants.
`
`
`
`
`Civil Action No. 1:23-cv-00633-DII
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`
`
`
`
`
`JURY TRIAL DEMANDED
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`JOINT STATUS REPORT
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`Pursuant to the Court’s Text Order granting Motion to Stay issued on July 28, 2023, and
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`the Court’s Order issued on June 13, 2024, Plaintiff Bell Northern Research, LLC (“BNR”) and
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`Defendants NXP Semiconductors, N.V. and NXP USA, Inc. (“NXP”) file this status report
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`regarding the ITC investigation: Investigation No. 337-TA-1367, Certain Electronic Devices and
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`Semiconductor Devices Having Wireless Communication Capabilities and Components Thereof
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`(the “Investigation”). On April 25, 2024, BNR filed a motion to terminate the Investigation
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`pursuant to 19 CFR 210.21(a)(1). Thereafter, the ITC issued its final determination terminating
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`the Investigation as to NXP. (See Exhibit 1.) Because the Investigation is terminated as to NXP,
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`BNR takes the position that the stay currently in place should be lifted.
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`NXP takes the position that the stay should not be lifted because the “same issues” are
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`still pending before the Commission. (See Exhibit 1.) BNR’s accusations of infringement
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`against ASUS in the Investigation include the allegation that certain NXP Wi-Fi chipsets
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`infringe, such that certain ASUS products that incorporate those NXP Wi-Fi chipsets infringe.
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`This litigation was properly stayed pursuant to 28 U.S.C. § 1659 when NXP was a party to the
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`
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`Page 1 of 3
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`
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`Case 1:23-cv-00633-DII Document 20 Filed 06/27/24 Page 2 of 3
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`Investigation. Once a stay is entered pursuant to Section 1659, the stay shall remain in place until
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`a final decision “with respect to any claim that involves the same issues involved in the
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`proceeding before the Commission.” Because the same issues are still pending before the
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`Commission (e.g., the alleged infringement of certain NXP Wi-Fi chipsets), the stay should not
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`be lifted even though NXP is no longer a party to the Investigation.
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`
`
`DATED: June 27, 2024
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`
`
`
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`Respectfully submitted,
`
`
`
`DEVLIN LAW FIRM LLC
`
`
`/s/ Christopher Clayton
`Timothy Devlin
`Paul Richter (pro hac vice forthcoming)
`Christopher Clayton
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`tdevlin@devlinlawfirm.com
`prichter@devlinlawfirm.com
`cclayton@devlinlawfirm.com
`
`Attorneys for Plaintiff Bell Northern
`Research, LLC
`
`
`
`
`
`
`BRACEWELL LLP
`
`
`
`/s/ Michael Chibib
`Michael Chibib
`Texas Bar No. 00793497
`michael.chibib@bracewell.com
`Conor M. Civins
`Texas Bar No. 24040693
`conor.civins@bracewell.com
`111 Congress Ave. Suite 2300
`Austin, TX 78701
`Telephone: (512) 472-7800
`
`Counsel for Defendants NXP Semiconductors N.V.,
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`NXP B.V., NXP USA, Inc. D/B/A NXP
`Semiconductors USA, Inc
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`
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`Page 2 of 3
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`
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`Case 1:23-cv-00633-DII Document 20 Filed 06/27/24 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 27, 2024 I electronically filed the foregoing with the Clerk of
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`Court using the CM/ECF system which will send notification of such filing to all counsel of record
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`in the above-referenced matter.
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`
`
`
`
`
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`/s/ Christopher Clayton
` Christopher Clayton
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`Page 3 of 3
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