Case 6:20-cv-00569-ADA Document 21 Filed 09/03/20 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§
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`§
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`§
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`SABLE NETWORKS, INC. and
`SABLE IP, LLC
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`Plaintiffs,
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`v.
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`DELL TECHNOLOGIES INC., DELL INC.,
`and EMC CORPORATION,
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`
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`CIVIL ACTION No. 6:20-cv-00569-ADA
`
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`JURY TRIAL DEMANDED
`
`
`Defendants.
`
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`JOINT STIPULATION TO DISMISS PLAINTIFFS’ INDUCED AND WILLFUL
`INFRINGEMENT ALLEGATIONS
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`WHEREAS, the above-captioned action was filed by Plaintiffs Sable Networks, Inc. and
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`Sable IP, LLC (collectively, “Plaintiffs” or “Sable”) against Defendants Dell Technologies Inc.,
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`Dell Inc., and EMC Corporation (collectively, “Defendants” or “Dell”) in the United States
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`District Court for the Western District of Texas, Waco Division on June 26, 2020;
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`
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`WHEREAS, in the above-captioned action, Sable alleges that: (1) Dell directly infringes
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`four United States patents; (2) Dell induces infringement of the four asserted United States
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`patents; and (3) Plaintiffs are entitled to enhanced damages arising from Dell’s willful
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`infringement of the four asserted United States patents;
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`WHEREAS, Dell indicated its intention to file a motion to dismiss Plaintiffs’ allegations
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`that Dell willfully infringes, induces infringement or that Plaintiffs are entitled to enhanced
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`damages;
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`WHEREAS, Plaintiffs deny that there is any infirmity with any of the allegations in its
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`Complaint, including its allegations of induced and willful patent infringement;
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`WHEREAS, Plaintiffs acknowledge this Court has a standard practice of dismissing
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`allegations of induced infringement and willful infringement without prejudice to plaintiffs
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`SABLE NETWORKS, INC. and
`SABLE IP, LLC
`
`
`Plaintiffs,
`
`v.
`
`DELL TECHNOLOGIES INC., DELL INC.,
`and EMC CORPORATION,
`
`
`
`
`
`CIVIL ACTION No. 6:20-cv-00569-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`Defendants.
`
`
`JOINT STIPULATION TO DISMISS PLAINTIFFS’ INDUCED AND WILLFUL
`INFRINGEMENT ALLEGATIONS
`
`WHEREAS, the above-captioned action was filed by Plaintiffs Sable Networks, Inc. and
`
`
`
`Sable IP, LLC (collectively, “Plaintiffs” or “Sable”) against Defendants Dell Technologies Inc.,
`
`Dell Inc., and EMC Corporation (collectively, “Defendants” or “Dell”) in the United States
`
`District Court for the Western District of Texas, Waco Division on June 26, 2020;
`
`
`
`WHEREAS, in the above-captioned action, Sable alleges that: (1) Dell directly infringes
`
`four United States patents; (2) Dell induces infringement of the four asserted United States
`
`patents; and (3) Plaintiffs are entitled to enhanced damages arising from Dell’s willful
`
`infringement of the four asserted United States patents;
`
`
`
`WHEREAS, Dell indicated its intention to file a motion to dismiss Plaintiffs’ allegations
`
`that Dell willfully infringes, induces infringement or that Plaintiffs are entitled to enhanced
`
`damages;
`
`
`
`WHEREAS, Plaintiffs deny that there is any infirmity with any of the allegations in its
`
`Complaint, including its allegations of induced and willful patent infringement;
`
`
`
`WHEREAS, Plaintiffs acknowledge this Court has a standard practice of dismissing
`
`allegations of induced infringement and willful infringement without prejudice to plaintiffs
`
`1
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`Case 6:20-cv-00569-ADA Document 21 Filed 09/03/20 Page 2 of 4
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`conducting discovery on both issues and without prejudice to plaintiffs amending the complaint
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`to allege induced infringement and/or willful infringement after fact discovery is open;
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`
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`WHEREAS, counsel for Plaintiffs and counsel for Defendants have met and conferred
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`and agreed that Plaintiffs will voluntarily dismiss the allegations of induced and willful
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`infringement contained in the Complaint filed in this action; however, counsel for Plaintiffs and
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`counsel for Defendants acknowledge that: (1) this dismissal is pursuant to the Court’s standard
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`practice; (2) this Stipulation is not intended to serve as a reflection on the adequacy or
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`inadequacy of any allegations contained in the Complaint; and (3) that the dismissal of Plaintiffs’
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`induced and willful infringement allegations is without prejudice to Plaintiffs seeking discovery
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`on these issues, to which Dell reserves its rights to raise appropriate objections, and without
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`prejudice to Plaintiffs amending the Complaint to allege induced and/or willful infringement
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`after fact discovery in this action is open;
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`
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`WHEREAS, Dell has requested, and Plaintiffs do not oppose, an extension of its deadline
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`to answer or otherwise respond to the Complaint until 21 days from the date the Court enters an
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`Order dismissing Plaintiffs’ induced and willful infringement claims without prejudice pursuant
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`to this Stipulation;
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`NOW, THEREFORE, Plaintiffs and Defendants, through each party’s respective counsel,
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`hereby jointly stipulate to the entry of an Order dismissing Plaintiffs’ allegations of induced
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`infringement and willful infringement without prejudice to Plaintiffs seeking discovery relevant
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`to those allegations, to which Dell reserves its rights to raise appropriate objections, and without
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`prejudice to Plaintiffs amending the Complaint to allege induced and/or willful infringement
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`after fact discovery in this action opens. Plaintiffs and Defendants further request an Order
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`2
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`Case 6:20-cv-00569-ADA Document 21 Filed 09/03/20 Page 3 of 4
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`providing Dell with a 21-day extension to answer or otherwise respond to the Complaint, which
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`begins to run upon entry of the Court’s dismissal order.
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`DATED: September 3, 2020
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`Respectfully Submitted,
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`By: /s/ Michael J. Newton___________
`
`Michael John Newton (TX. Bar No. 24003844)
`Brady Cox (TX. Bar No. 24074084)
`Alston & Bird LLP
`2200 Ross Avenue, Suite 2300
`Dallas, Texas 75201
`Phone: (214) 922-3400
`Fax: (214) 922-3899
`mike.newton@alston.com
`brady.cox@alston.com
`
`Emily Chambers Welch (GA Bar No. 606071)
`Alston & Bird LLP
`One Atlantic Center
`1201 W. Peachtree Street NE, Suite 4900
`Atlanta, Georgia 30309
`Telephone: (404) 881-7000
`emily.welch@alston.com
`
`Lauren N. Griffin (NC Bar No. 54766)
`Alston & Bird LLP
`101 S. Tryon Street, Suite 4000
`Charlotte, North Carolina 28280
`Telephone: (704) 444-1000
`lauren.griffin@alston.com
`
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`COUNSEL FOR DEFENDANTS
`DELL TECHNOLOGIES INC., DELL INC.,
`AND EMC CORPORATION
`
`
`/s/ Dorian Berger
`By:
`S. Calvin Capshaw
`State Bar No. 03783900
`Elizabeth L. DeRieux
`State Bar No. 05770585
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`Case 6:20-cv-00569-ADA Document 21 Filed 09/03/20 Page 4 of 4
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`Capshaw DeRieux, LLP
`114 E. Commerce Ave.
`Gladewater, TX 75647
`Telephone: (903) 235-2833
`Email: ccapshaw@capshawlaw.com
`Email: ederieux@capshawlaw.com
`
`Dorian S. Berger (CA SB No. 264424)
`Daniel P. Hipskind (CA SB No. 266763)
`BERGER & HIPSKIND LLP
`9538 Brighton Way, Ste. 320
`Beverley Hills, CA 90210
`Telephone: (323) 886-3430
`Facsimile: (323) 978-5508
`Email: dsb@bergerhipskind.com
`Email: dph@bergerhipskind.com
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`COUNSEL FOR PLAINTIFFS
`SABLE NETWORKS, INC. AND
`SABLE IP, LLC
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`CERTIFICATE OF CONFERENCE
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`/s/ Dorian Berger
`Dorian Berger
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`I hereby certify that the parties conferred via email over September 2-September 3, 2020,
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`and that Sable Networks, Inc., Sable IP, LLC, Dell Technologies Inc., Dell Inc., and EMC
`Corporation agree to request the relief sought herein.
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on this 3rd day of September, 2020 a true and
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`correct copy of the Joint Stipulation to Dismiss Without Prejudice Plaintiffs’ Induced and Willful
`Infringement Allegations was electronically filed with the Clerk of the Court using the CM/ECF
`system, which sends notifications of such filing to all counsel of record who have consented to
`accept service by electronic means.
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`/s/ Dorian Berger
`Dorian Berger
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`4
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