Case 6:21-cv-00622-ADA Document 15 Filed 11/23/21 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Civil Action No.: 6:21-cv-00622-ADA
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§§
`
`XR COMMUNICATIONS, LLC dba
`VIVATO TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`ASUSTeK COMPUTER INC.,
`
`Defendant.
`
`JOINT STIPULATION TO DISMISS PLAINTIFF’S INDUCED AND CONTRIBUTORY
`INFRINGEMENT ALLEGATIONS AND REQUESTS FOR ENHANCED DAMAGES
`AND PERMANENT INJUNCTIVE RELIEF
`
`WHEREAS, the above-captioned action was filed by Plaintiff XR Communications, LLC,
`
`d/b/a Vivato Technologies (“Plaintiff”) against ASUSTeK Computer Inc. (“Defendant”) in the
`
`United States District Court for the Western District of Texas, Waco Division, on June 16, 2021;
`
`WHEREAS, in the above-captioned action, Plaintiff alleges that: (1) Defendant directly
`
`infringes United States Patent Nos. 7,729,728, 10,594,376, and 10,715,235 (collectively, the
`
`“Asserted Patents”); (2) Defendant induces infringement of each of the Asserted Patents; (3)
`
`Defendant contributes to infringement of each of the Asserted Patents; (4) Plaintiff is entitled to
`
`enhanced damages; and (5) Plaintiff is entitled to permanent injunctive relief;
`
`WHEREAS, Defendant indicated its intention to file a motion to dismiss Plaintiff’s
`
`allegations that Defendant induces infringement, contributes to infringement, that Plaintiff is
`
`entitled to enhanced damages; or that Plaintiff is entitled to permanent injunctive relief;
`
`1
`
`

`

`Case 6:21-cv-00622-ADA Document 15 Filed 11/23/21 Page 2 of 4
`
`WHEREAS, Plaintiff denies that there is any infirmity with any of the allegations in its
`
`Complaint, including its allegations of induced and contributory patent infringement;
`
`WHEREAS, Plaintiff acknowledges this Court has a standard practice of dismissing
`
`allegations of induced infringement, contributory infringement, requests for enhanced damages,
`
`and requests for permanent injunctive relief without prejudice to plaintiffs conducting discovery
`
`on the issues and without prejudice to Plaintiff amending the complaint to allege induced
`
`infringement, contributory infringement, request enhanced damages, and/or request permanent
`
`injunctive relief after fact discovery is open;
`
`WHEREAS, counsel for Plaintiff and counsel for Defendant have met and conferred and
`
`agree that Plaintiff will voluntarily dismiss the allegations of induced infringement, contributory
`
`infringement, request for enhanced damages, and request for permanent injunctive relief contained
`
`in the Complaint filed in this action; however, counsel for Plaintiff and counsel for Defendant
`
`acknowledge that: (1) the dismissal is pursuant to the Court’s standard practice; (2) this Stipulation
`
`is not intended to serve as a reflection on the adequacy or inadequacy of any allegations contained
`
`in the Complaint; and (3) that the dismissal of Plaintiff’s induced infringement, contributory
`
`infringement, request for enhanced damages, and request for permanent injunctive relief is without
`
`prejudice to Plaintiff seeking discovery on these issues, to which Defendant reserves its right to
`
`raise appropriate objections, and without prejudice to Plaintiff amending the Complaint to allege
`
`such after fact discovery in this action is open;
`
`NOW, THEREFORE, Plaintiff and Defendant, through each party’s respective counsel,
`
`hereby jointly stipulate to the entry of an Order dismissing Plaintiff’s allegations of induced
`
`infringement and contributory infringement, request for enhanced damages, and request for
`
`permanent injunctive relief without prejudice to Plaintiff seeking discovery relevant to those
`
`2
`
`

`

`Case 6:21-cv-00622-ADA Document 15 Filed 11/23/21 Page 3 of 4
`
`allegations, to which Defendant reserves its right to raise appropriate objections, and without
`
`prejudice to Plaintiff amending the Complaint to allege induced infringement, contributory
`
`infringement, make a request for enhanced damages, and/or make a request for permanent
`
`injunctive relief after fact discovery in this action opens.
`
`Dated: November 23, 2021
`
`RESPECTFULLY SUBMITTED,
`
`By: /s/ Christian W. Conkle
`Marc A. Fenster, CA SBN 181067
`mfenster@raklaw.com
`Reza Mirzaie, CA SBN 246953
`rmirzaie@raklaw.com
`Philip X. Wang, CA SBN 262239
`pwang@raklaw.com
`Christian W. Conkle, CA SBN 306374
`cconkle@raklaw.com
`Minna Y. Chan, CA SBN 305941
`mchan@raklaw.com
`James N. Pickens, CA SBN 307474
`jpickens@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`
`Attorneys for Plaintiff
`XR Communications, LLC, dba
`Vivato Technologies, Inc.
`
`By: /s/ Jonathan K. Waldrop
`Jonathan K. Waldrop (CA Bar No. 297903)
`(Admitted in this District)
`jwaldrop@kasowitz.com
`Marcus A. Barber (CA Bar No. 307361)
`(Admitted in this District)
`mbarber@kasowitz.com
`Jack Shaw (CA Bar No. 309382)
`(Admitted in this District)
`jshaw@kasowitz.com
`KASOWITZ BENSON TORRES LLP
`333 Twin Dolphin Drive, Suite 200
`Redwood Shores, California 94065
`Telephone: (650) 453-5170
`Facsimile: (650) 453-5171
`
`Allen F. Gardner
`Texas Bar No. 24043679
`ALLEN GARDNER LAW, PLLC
`609 S. Fannin
`Tyler, Texas 75701
`Tel: (903) 944-7537
`Fax: (903) 944-7856
`Allen@allengardnerlaw.com
`
`Attorneys for Defendant
`ASUSTeK COMPUTER INC.
`
`3
`
`

`

`Case 6:21-cv-00622-ADA Document 15 Filed 11/23/21 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on November 23, 2021, a true and correct copy of
`
`the foregoing document was electronically filed with the Clerk of Court using the CM/ECF system,
`
`which sends notifications of such filing to all counsel of record who have consented to accept
`
`service by electronic means.
`
`/s/ Jonathan K. Waldrop
`Jonathan K. Waldrop
`
`4
`
`