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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`STRATOSAUDIO INC.,
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`v.
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`VOLKSWAGEN GROUP OF
`AMERICA, INC.,
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`Defendant.
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`Case No. 6:20-CV-01131-ADA
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`JURY TRIAL DEMANDED
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`CASE READINESS STATUS REPORT
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`Plaintiff StratosAudio, Inc. (“StratosAudio”) and Defendant Volkswagen Group of
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`America, Inc. (“Volkswagen”) hereby provide the following status report in advance of the initial
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`Case Management Conference (CMC).
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`FILING AND EXTENSIONS
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`StratosAudio’s Complaint was filed on December 11, 2020. There has been one extension
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`for a total of forty-five (45) days.
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`RESPONSE TO THE COMPLAINT
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`On February 19, 2021, Volkswagen responded to StratosAudio’s Complaint by filing a
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`Motion to Dismiss or Transfer for Improper Venue. Dkt. 16.
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`PENDING MOTIONS
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`The following motions are currently pending:
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`•
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`Volkswagen’s Motion to Dismiss or Transfer for Improper Venue. Dkt. 16.
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`- 1 -
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`Case 6:20-cv-01131-ADA Document 21 Filed 03/04/21 Page 2 of 4
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`•
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`RELATED CASES IN THIS JUDICIAL DISTRICT
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`The following related cases are pending in this Judicial District:
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`StratosAudio, Inc. v. Hyundai Motor America, No. 20-cv-01125-ADA
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`StratosAudio, Inc. v. Mazda Motor of America, Inc., No. 20-cv-01126-ADA
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`StratosAudio, Inc. v. Subaru of America, Inc., No. 20-cv-01128-ADA
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`StratosAudio, Inc. v. Volvo Cars USA, LLC, No. 20-cv-01129-ADA
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`IPR, CBM, AND OTHER PGR FILINGS
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`There are no known inter partes review (IPR), covered business method review (CBM), or
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`other post grant review (PGR) filings at this time. Volkswagen expects to file petitions for inter
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`partes review of the patents-in-suit within about thirty days.
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`NUMBER OF ASSERTED PATENTS AND CLAIMS
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`In its complaint, StratosAudio asserts seven (7) patents and a total of thirty-eight (38) patent
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`claims. StratosAudio reserves the right to assert additional or different patent claims in its
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`Preliminary Infringement Contentions.
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`APPOINTMENT OF TECHNICAL ADVISER
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`StratosAudio does not believe a technical advisor will be necessary for this case.
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`Volkswagen believes the case must be dismissed or transferred, but, if the case were to go
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`forward in this Court, would welcome a neutral technical adviser.
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`MEET AND CONFER STATUS
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`StratosAudio and Volkswagen met and conferred and identified the following pre-
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`Markman issues to raise at the CMC:
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`- 2 -
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`Case 6:20-cv-01131-ADA Document 21 Filed 03/04/21 Page 3 of 4
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`StratosAudio identifies venue-related discovery as a pre-Markman issue; Volkswagen
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`believes no such discovery is necessary because, per the motion described above, the
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`existence of independent dealerships as alleged in the complaint is not sufficient to make
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`venue proper in this District.
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`•
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`Dated: March 4, 2021
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`/s/ Corby Vowell
`FRIEDMAN, SUDER & COOKE
`604 East 4th Street, Suite 200
`Fort Worth, TX 76102
`817-334-0400
`Fax: 817-334-0401
`vowell@fsclaw.com
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`WHITE & CASE LLP
`Michael Songer (Pro Hac Vice to be filed)
`701 Thirteenth Street, NW
`Washington DC, 20005
`202.626.3600
`michael.songer@whitecase.com
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`Charles Larsen (Pro Hac Vice to be filed)
`75 State Street
`Boston, MA 02109
`617.979.9300
`charles.larsen@whitecase.com
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`Ryuk Park (Pro Hac Vice to be filed)
`2 Palo Alto Square, 3000 El Camino Real,
`#900
`Palo Alto, CA 94306
`650.213.0300
`ryuk.park@whitecase.com
`ATTORNEYS FOR PLAINTIFF
`STRATOSAUDIO, INC.
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`Respectfully submitted,
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`/s/ Mark Hannemann
`SHEARMAN & STERLING LLP
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`David P. Whittlesey
`300 W. 6th Street, Suite 2250
`Austin, Texas 78701
`Telephone: 512.647.1907
`Facsimile: 512.857.6602
`David.Whittlesey@shearman.com
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`Mark Hannemann
`599 Lexington Avenue
`New York, NY 10022
`Telephone: 212.848.7696
`Facsimile: 646.848.7696
`Mark.Hannemann@shearman.com
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`Thomas R. Makin
`599 Lexington, Avenue
`New York, NY 10022
`Telephone: 212.848.7698
`Facsimile: 646.8487698
`Thomas.Makin@shearman.com
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`Attorneys for Defendant Volkswagen
`Group of America, Inc.
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`- 3 -
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`Case 6:20-cv-01131-ADA Document 21 Filed 03/04/21 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 4th day of March, 2021, I electronically filed the foregoing
`document with the clerk of the court for the U.S. District Court, Western District of Texas, Waco
`Division using the electronic case filing system of the court. The electronic case filing system sent
`a “Notice of Electronic Filing” to the attorneys of record who have consented in writing to accept
`this Notice as service of this document by electronic means.
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`/s/ Corby Vowell
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`- 4 -
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