`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`OCEAN SEMICONDUCTOR LLC,
`
`Plaintiff,
`
`v.
`
`NXP SEMICONDUCTORS N.V., NXP B.V.,
`and NXP USA, INC.,
`
`
`Defendants.
`
`Civil Action No. 6:20-cv-1212-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE
`
`Pursuant to Federal Rule of Civil Procedure 21, Defendant NXP USA, Inc. (“Remaining
`
`Defendant”), Defendants NXP B.V. and NXP Semiconductors N.V. (“Foreign Defendants”), and
`
`Plaintiff Ocean Semiconductor, LLC (“Ocean” or “Plaintiff”) stipulate and jointly move to
`
`dismiss the Foreign Defendants as misjoined parties to this lawsuit without prejudice and with no
`
`award of fees or costs, based on the following:
`
`1.
`
` The Foreign Defendants represent to Plaintiff that they are misjoined parties
`
`because they do not conduct any of the activities accused in this lawsuit and do not make, use,
`
`offer to sell, or sell in the United States or import into the United States, any of the accused
`
`products identified in the Complaint.
`
`2.
`
`The Foreign Defendants represent to Plaintiff that they are misjoined parties
`
`because they do not make, use, offer to sell, or sell in the United States or import into the United
`
`States, any of the Accused Products identified in the Complaint. The Remaining Defendant
`
`agrees that the Foreign Defendants are misjoined, that it books all relevant revenues, costs, and
`
`- 1 -
`
`
`
`Case 6:20-cv-01212-ADA Document 24 Filed 05/12/21 Page 2 of 3
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`profits for the products/activities accused in the lawsuit, and that it has the ability to pay any
`
`judgment.
`
`3.
`
`The Foreign Defendants represent to Plaintiff that they do not possess
`
`discoverable information relevant to this lawsuit. Upon entry of an order of dismissal of the
`
`Foreign Defendants without prejudice, for the purposes of discovery in this matter, the
`
`Remaining Defendant and the Foreign Defendants agree that all information, witnesses, and
`
`documents in the possession, custody, or control of the Foreign Defendants, if any, shall be
`
`deemed in the possession, custody, or control of the Remaining Defendant, but only to the extent
`
`they may be relevant to this litigation, and they are not otherwise available from Remaining
`
`Defendant. Plaintiff and Remaining Defendant agree to meet and confer in good faith to resolve
`
`any objections consistent with the above agreement, including without limitation objections to
`
`the nature or scope of any requests for documents, information, testimony, or any other
`
`discoverable matter.
`
`4.
`
`If later information or discovery reveals that the Foreign Defendants should be
`
`parties to this lawsuit, Plaintiff reserves the right to seek joinder of the Foreign Defendants to
`
`this lawsuit, and both the Foreign Defendants and the Remaining Defendant agree that they will
`
`not oppose such a joinder.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 2 -
`
`
`
`Case 6:20-cv-01212-ADA Document 24 Filed 05/12/21 Page 3 of 3
`
`
`
`DATED: May 12, 2021
`
`
`
`DEVLIN LAW FIRM LLC
`
`By: /s/ Alex Chan
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`Henrik D. Parker
`hparker@devlinlawfirm.com
`Alex Chan
`Texas State Bar No. 24108051
`achan@devlinlawfirm.com
`1526 Gilpin Ave.
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Plaintiff Ocean Semiconductor
`LLC
`
`
`
`
`
`
`
`SHELTON COBURN LLP
`
`By: /s/ Bradley Coburn
`Barry K. Shelton
`bshelton@sheltoncoburn.com
`Texas State Bar No. 24055029
`Bradley Coburn
`coburn@sheltoncoburn.com
`Texas State Bar No. 24036377
`311 RR 620, Suite 205
`Austin, TX 78734-4775
`Telephone: (512) 263-2165
`
`Attorneys for NXP Defendants
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
`document has been served on all counsel of record via the Court’s ECF system.
`
`
`
`/s/ Alex Chan
`Alex Chan
`
`
`
`
`
`- 3 -
`
`
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