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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`NEONODE SMARTPHONE LLC,
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`APPLE INC.,
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`v.
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`Plaintiff,
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`Defendants.
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`Civil Action No. 6:20-cv-00505-ADA
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`JURY TRIAL DEMANDED
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`APPLE INC.’S RESPONSE TO NEONODE SMARTPHONE LLC’S MOTION FOR
`ISSUANCE OF LETTER OF REQUEST
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`Defendant Apple Inc. (“Apple”) hereby responds to Plaintiff Neonode Smartphone
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`LLC’s (“Neonode Smartphone”) Motion for Issuance of Letter of Request to Examine Persons,
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`Inspect Documents and Inspect Property Pursuant to the Hague Convention on the Taking of
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`Evidence Abroad in Civil or Commercial Matters (“Motion”) (Dkt. No. 43).
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`Apple does not oppose Neonode Smartphone’s Motion, though notes that Neonode
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`Smartphone failed to wait for Apple’s response during the meet and confer process as required
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`by the Local Rules in this District before filing its allegedly opposed Motion. See Local Rule
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`CV-7-2(i) (“The court may refuse to hear or may deny a nondispositive motion unless the movant
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`advises the court within the body of the motion that counsel for the parties have first conferred
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`in a good-faith attempt to resolve the matter by agreement and, further, certifies the specific
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`reason that no agreement could be made.”); see also Attachment A (parties’ correspondence
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`related to the Motion); Dkt. No. 43.
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`1
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`Case 6:20-cv-00505-ADA Document 44 Filed 02/16/21 Page 2 of 2
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`Date: February 16, 2021
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`By:
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`Respectfully submitted,
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`FISH & RICHARDSON P.C.
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`/s/ Betty Chen
`Benjamin C. Elacqua
`Texas Bar Number 24055443
`elacqua@fr.com
`Kathryn A. Quisenberry
`Texas Bar Number 24105639
`quisenberry@fr.com
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 77010
`Telephone: 713-654-5300
`Facsimile: 713-652-0109
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`Betty Chen
`Texas Bar Number 24056720
`bchen@fr.com
`FISH & RICHARDSON P.C.
`500 Arguello Street, Suite 500
`Redwood City, CA 94063
`Telephone: 650-839-5070
`Facsimile: 650-839-5071
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`COUNSEL FOR DEFENDANT APPLE INC.
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document has been served on February 16, 2021 to all counsel of record who are deemed to have
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`consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(b)(1).
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`/s/ Betty Chen
`Betty Chen
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`2
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