Case 6:20-cv-01215-ADA Document 25 Filed 05/04/21 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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`Ocean Semiconductor LLC,
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`
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`v.
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`STMicroelectronics, Inc.,
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`Civil Action No.: 6:20-cv-1215-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Plaintiff
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`Defendant.
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`JOINT CASE READINESS STATUS REPORT
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`Plaintiff Ocean Semiconductor LLC (“Ocean” or “Plaintiff”) and Defendant
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`STMicroelectronics, Inc. (“ST Inc.”) hereby provide the following status report in advance of the
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`Case Management Conference (CMC).
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`FILING AND EXTENSIONS
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`Plaintiff’s Complaint (Dkt. 1) was filed on December 31, 2020. There has been one
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`extension for a total of forty-five days.
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`RESPONSE TO THE COMPLAINT
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`On March 12, 2021, ST Inc. filed an Answer (Dkt. 17) and a Partial Motion to Dismiss
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`Under Rule 12(b)(6) (“Motion to Dismiss”) (Dkt. 18) requesting that the Court dismiss Ocean’s
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`(i) infringement claims under 35 U.S.C. § 271(g) for U.S. Patent Nos. 8,676,538 (the “’538
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`patent”), 6,725,402 (the “’402 patent”), 6,907,305 (the “’305 patent”), and 6,968,248 (the “’248
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`patent”); (ii) induced infringement claims for all asserted patents; (iii) willful infringement
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`152374957.1
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`1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`Ocean Semiconductor LLC,
`
`
`
`v.
`
`STMicroelectronics, Inc.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No.: 6:20-cv-1215-ADA
`
`JURY TRIAL DEMANDED
`
`PATENT CASE
`
`Plaintiff
`
`Defendant.
`
`
`
`
`
`
`JOINT CASE READINESS STATUS REPORT
`
`Plaintiff Ocean Semiconductor LLC (“Ocean” or “Plaintiff”) and Defendant
`
`STMicroelectronics, Inc. (“ST Inc.”) hereby provide the following status report in advance of the
`
`Case Management Conference (CMC).
`
`FILING AND EXTENSIONS
`
`Plaintiff’s Complaint (Dkt. 1) was filed on December 31, 2020. There has been one
`
`extension for a total of forty-five days.
`
`RESPONSE TO THE COMPLAINT
`
`On March 12, 2021, ST Inc. filed an Answer (Dkt. 17) and a Partial Motion to Dismiss
`
`Under Rule 12(b)(6) (“Motion to Dismiss”) (Dkt. 18) requesting that the Court dismiss Ocean’s
`
`(i) infringement claims under 35 U.S.C. § 271(g) for U.S. Patent Nos. 8,676,538 (the “’538
`
`patent”), 6,725,402 (the “’402 patent”), 6,907,305 (the “’305 patent”), and 6,968,248 (the “’248
`
`patent”); (ii) induced infringement claims for all asserted patents; (iii) willful infringement
`
`152374957.1
`
`1
`
`
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`Case 6:20-cv-01215-ADA Document 25 Filed 05/04/21 Page 2 of 4
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`
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`claims for all asserted patents; and (iv) induced and willful infringement claims for U.S. Patent
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`No. 6,420,097 with prejudice. Ocean filed its Response to the Partial Motion to Dismiss (Dkt.
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`19) on March 26, 2021, and ST Inc. filed its Reply (Dkt. 20) on April 2, 2021.
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`On April 9, 2021, Ocean filed an Opposed Motion for Leave to File Sur-Reply in
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`Opposition to Defendant STMicroelectronics, Inc.’s Motion to Dismiss for Failure to State a
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`Claim (Dkt. 21). ST Inc. filed its Response (Dkt. 22) on April 16, 2021, and Ocean filed its
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`Reply (Dkt. 23) on April 21, 2021.
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`PENDING MOTIONS
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`Currently pending before this Court are ST Inc.’s Motion to Dismiss (Dkt. 18) and
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`Ocean’s Opposed Motion for Leave to File Sur-Reply in Opposition to Defendant
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`STMicroelectronics, Inc.’s Motion to Dismiss for Failure to State a Claim (Dkt. 21). The
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`briefing for both of these motions is completed and they are ready for resolution.
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`RELATED CASES IN THIS JUDICIAL DISTRICT
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`1. Ocean Semiconductor LLC v Mediatek Inc. and Mediatek USA Inc., Civil Action No.
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`6:20-cv-1210-ADA (W.D. Tex.);
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`2. Ocean Semiconductor LLC v. NVIDIA Corporaton, Civil Action No.: 6:20-cv-1211-ADA
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`(W.D. Tex.);
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`3. Ocean Semiconductor LLC v. NXP Semiconductors N.V., NXP B.V. and NXP USA, Inc.,
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`Civil Action No.: 6:20-cv-1212-ADA (W.D. Tex.);
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`4. Ocean Semiconductor LLC v. Renesas Electronics Corporation and Renesas Electronics
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`America, Inc., Civil Action No.: 6:20-cv-1213-ADA (W.D. Tex.);
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`5. Ocean Semiconductor LLC v. Silicon Laboratories Inc., Civil Action No.: 6:20-cv-1214-
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`ADA (W.D. Tex.);
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`2
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`Case 6:20-cv-01215-ADA Document 25 Filed 05/04/21 Page 3 of 4
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`
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`6. Ocean Semiconductor LLC v. Western Digital Technologies, Inc., Civil Action No.: 6:20-
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`cv-1216-ADA (W.D. Tex.).
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`IPR, CBM, AND OTHER PGR FILINGS
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`Defendant Western Digital Technologies (“WDT”) in Ocean Semiconductor LLC v.
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`Western Digital Technologies (Civil Action No.: 6:20-cv-1216-ADA) filed an inter partes
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`review petition in IPR2021-00864 on April 29, 2021, challenging the validity of U.S. Patent No.
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`6,660,651, one of eight patents asserted against WDT. The ’651 patent has also been asserted in
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`this action. A final written decision in IPR2021-00864 is expected in or around November 2023.
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`NUMBER OF ASSERTED PATENTS AND CLAIMS
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`In the Complaint, Plaintiff has identified eight patents and a total of eight claims as
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`allegedly being infringed by ST Inc. Plaintiff will set forth all asserted patents and claims in its
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`preliminary infringement contentions.
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`APPOINTMENT OF TECHNICAL ADVISER
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`Plaintiff does not intend to request, nor anticipates a need for, a technical adviser at this
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`juncture. ST Inc. does not object to the appointment of a technical adviser if the Court would
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`find one beneficial, including to assist with claim construction.
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`MEET AND CONFER STATUS
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`Plaintiff and ST Inc. met and conferred.
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`ST Inc. may seek an intra-district transfer to the Austin Division. The parties have no
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`pre-Markman issues to raise at the case management conference other than those already
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`identified in the pending motions (Dkt. 18 and Dkt. 21).
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`3
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`Case 6:20-cv-01215-ADA Document 25 Filed 05/04/21 Page 4 of 4
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`Dated: May 4, 2021
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`Respectfully Submitted,
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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
`
`Attorneys for Plaintiff,
`Ocean Semiconductor LLC
`
`
`
`
`
` /s/ Tyler R. Bowen
`Janice L. Ta, Texas 24075138
`JTa@perkinscoie.com
`Perkins Coie LLP
`500 West Second St., Suite 1900
`Austin, TX 78701
`
`Chad S. Campbell (admitted pro hac vice)
`CSCampbell@perkinscoie.com
`Tyler R. Bowen (admitted pro hac vice)
`TBowen@perkinscoie.com
`Perkins Coie LLP
`2901 North Central Avenue, Suite 2000
`Phoenix, AZ 85012
`
`Philip A. Morin (admitted pro hac vice)
`PMorin@perkinscoie.com
`Yudong Kim (admitted pro hac vice)
`YKim@perkinscoie.com
`Perkins Coie LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2020
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`ATTORNEYS FOR DEFENDANT
`STMICROELECTRONICS, INC.
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 4, 2021, a true and correct copy of the above and foregoing
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`document has been served on all counsel of record via the Court’s CM/ECF system.
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`
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`/s/ Alex Chan
`Alex Chan
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`4
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