Case 6:20-cv-01216-ADA Document 25 Filed 05/05/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Civil Action No.: 6:20-cv-1216
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Ocean Semiconductor LLC,
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`v.
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`Western Digital Technologies, Inc.
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`Plaintiff
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`Defendants.
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`CASE READINESS STATUS REPORT
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`Plaintiff Ocean Semiconductor LLC (“Ocean”) and Western Digital Technologies, Inc.
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`(“WDT”) hereby provide the following status report in advance of the initial Case Management
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`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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`WDT filed a Motion to Dismiss for Failure to State a Claim (Dkt. 12). As the motion is
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`pending and potentially case dispositive, WDT has not answered the Complaint.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`Civil Action No.: 6:20-cv-1216
`
`JURY TRIAL DEMANDED
`
`PATENT CASE
`
`
`Ocean Semiconductor LLC,
`
`
`
`v.
`
`Western Digital Technologies, Inc.
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff
`
`Defendants.
`
`
`
`
`
`
`CASE READINESS STATUS REPORT
`
`Plaintiff Ocean Semiconductor LLC (“Ocean”) and Western Digital Technologies, Inc.
`
`(“WDT”) hereby provide the following status report in advance of the initial 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.
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`RESPONSE TO THE COMPLAINT
`
`WDT filed a Motion to Dismiss for Failure to State a Claim (Dkt. 12). As the motion is
`
`pending and potentially case dispositive, WDT has not answered the Complaint.
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`
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`
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`Case 6:20-cv-01216-ADA Document 25 Filed 05/05/21 Page 2 of 5
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`PENDING MOTIONS
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`Currently pending before this Court is WDT’s Motion to Dismiss (Dkt. 12) and Ocean’s
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`Motion for Leave to File Sur-Reply in Opposition to Defendant Western Digital Technologies,
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`Inc.’s Motion to Dismiss for Failure to State a Claim (Dkt. 21).
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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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`6. Ocean Semiconductor LLC v. STMicroelectronics, Inc., Civil Action No.: 6:20-cv-1215-
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`ADA (W.D. Tex.)
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`IPR, CBM, AND OTHER PGR FILINGS
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`On April 29, 2021, WDT filed a petition for inter partes review of U.S. Patent No.
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`6,660,651 before the Patent Trial and Appeal Board of the United States Patent and Trademark
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`Office (IPR Case No. IPR2021-00864).
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`NUMBER OF ASSERTED PATENTS AND CLAIMS
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`Case 6:20-cv-01216-ADA Document 25 Filed 05/05/21 Page 3 of 5
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`In the Complaint, Plaintiff has identified seven patents and a total of seven claims as
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`being infringed by WDT. Plaintiff states that it will set forth all asserted 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. WDT believes that the Court’s appointment of a technical adviser will be useful in this
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`case.
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`MEET AND CONFER STATUS
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`Plaintiff emailed WDT a draft notice of readiness on May 3, 2021. In response, WDT
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`provided its edits to Plaintiff for review and approval prior to filing this notice of readiness.
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`Based on the language in n.1 of the Court’s Standing Order dated November 19, 2020, it
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`is not clear to WDT that a notice of readiness is due yet since the “last defendant in a set of
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`related cases” has not yet “answer[ed] or otherwise respond[ed].” Two NXP foreign defendants
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`in a related case (Ocean Semiconductor LLC v. NXP Semiconductors N.V., NXP B.V. and NXP
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`USA, Inc., Civil Action No.: 6:20-cv-1212-ADA (W.D. Tex.)) have not yet answered or
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`otherwise responded to the complaint. Plaintiff’s position is that those foreign entities have not
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`been served and therefore need not answer or otherwise respond to Plaintiff’s complaint. Thus,
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`in Plaintiff’s view, the notice of readiness for this pending action between Plaintiff and WDT is
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`now due.
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`WDT intends to move for transfer under 28 U.S.C. § 1404. Otherwise, the parties have
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`no pre-Markman issues to raise at the case management conference, other than those already
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`identified in the pending motions (Dkt. 12 and Dkt. 21).
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`Case 6:20-cv-01216-ADA Document 25 Filed 05/05/21 Page 4 of 5
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`Dated: May 5, 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, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
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`Attorneys for Plaintiff,
`Ocean Semiconductor LLC
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`Respectfully Submitted,
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` /s/ L. Kieran Kieckhefer
`David P. Whittlesey
`Shearman & Sterling LLP
`300 West 6th Street, Suite 2250
`Austin, TX 78701
`Telephone: 512.647.1907
`David.Whittlesey@Shearman.com
`
`L. Kieran Kieckhefer (pro hac vice)
`Shearman & Sterling LLP
`535 Mission Street, 25th Floor
`San Francisco, CA 94105
`Telephone: 415.616.1124
`Kieran.Kieckhefer@Shearman.com
`
`
`Matthew G. Berkowitz (pro hac vice)
`Patrick R. Colsher* (pro hac vice)
`Joy (Yue) Wang (pro hac vice)
`Shearman & Sterling LLP
`1460 El Camino Real, 2nd Floor
`Menlo Park, CA 94025
`Telephone: 650.838.3737
`Matt.Berkowitz@Shearman.com
`Patrick.Colsher@Shearman.com
`Joy.Wang@Shearman.com
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`*Admitted only in NY and NJ
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`Ahmed E. ElDessouki (pro hac vice)
`Shearman & Sterling LLP
`599 Lexington Ave.
`New York, NY 10022
`Telephone: 212.848.4908
`Ahmed.ElDessouki@Shearman.com
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`Counsel for Defendant Western Digital Techs.,
`Inc.
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`Case 6:20-cv-01216-ADA Document 25 Filed 05/05/21 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 5, 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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`/s/ Alex Chan
`Alex Chan
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