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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Ocean Semiconductor LLC,
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`v.
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`NVIDIA Corporation,
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`Plaintiff
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`Defendant.
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`Civil Action No.: 6:20-cv-01211-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`MOTION BY PLAINTIFF OCEAN SEMICONDUCTOR LLC’S FOR
`LEAVE TO FILE SUR-REPLY IN OPPOSITION TO DEFENDANT NVIDIA
`CORPORATION’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
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`/s/ Alex Chan
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`Henrik D. Parker
`hparker@devlinlawfirm.com
`Alex Chan (State Bar No. 24108051)
`achan@devlinlawfirm.com
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`
`DATED: April 9, 2021
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`1
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`
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`Case 6:20-cv-01211-ADA Document 19 Filed 04/09/21 Page 2 of 4
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`In this patent infringement case, Plaintiff Ocean Semiconductor LLC (“Ocean” or
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`“Plaintiff”) filed its complaint (Dkt. 1) (the “Complaint”) against Defendant NVIDIA
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`Corporation (“NVIDIA” or “Defendant”). On March 12, 2021, NVIDIA filed a Motion to
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`Dismiss the Complaint under Fed. R. Civ. P. 12(b)(6) with a supporting brief. (Dkt. 13, the
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`“Motion.”) On March 26, 2021, Ocean filed a responsive brief in opposition (Dkt. 17) and on
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`April 2, 2021, NVIDIA filed a Reply (Dkt. 18).
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`Ocean hereby moves this Court, pursuant to Local Rule CV-7(f)(1), for leave to file a
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`Sur-reply.
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`In its Reply, NVIDIA asserts new arguments and cites new legal authority not presented
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`in its Motion that present an inaccurate description of the Complaint and the applicable cases
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`interpreting the pleading standard for direct infringement.
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`Because these new arguments and authority were presented for the first time in
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`NVIDIA’s Reply, Ocean has not had an opportunity to respond to or address them.
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`A copy of the Sur-reply that Ocean will file, if granted leave to do so by the Court, is
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`attached as Exhibit A.
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`1
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`Case 6:20-cv-01211-ADA Document 19 Filed 04/09/21 Page 3 of 4
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`Dated: April 9, 2021
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`/s/ Alex Chan
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`Henrik D. Parker
`hparker@devlinlawfirm.com
`Alex Chan (State Bar No. 24108051)
`achan@devlinlawfirm.com
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Plaintiff
`OCEAN SEMICONDUCTOR LLC
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`2
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`Case 6:20-cv-01211-ADA Document 19 Filed 04/09/21 Page 4 of 4
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`CERTIFICATE OF CONFERENCE
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`Pursuant to Local Rule CV-7(i), the undersigned, counsel for Plaintiff, hereby certifies
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`that on April 9, 2021, counsel for Plaintiff conferred by email with counsel for Defendant and
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`that Defendant is opposed to the relief requested herein.
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`/s/ Alex Chan
`Alex Chan
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 9, 2021, I caused a copy of this document to be served by
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`transmitting it via e-mail or electronic transmission to counsel of record for Defendant.
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`
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`/s/ Alex Chan
`Alex Chan
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`3
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