`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:22-CV-00466-ADA-DTG
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`Plaintiff,
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`ADVANCED SILICON
`TECHNOLOGIES LLC,
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`
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`v.
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`NXP SEMICONDUCTORS N.V.,
`NXP B.V., and
`NXP USA, INC.,
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`
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`Defendants.
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`JOINT NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF
`PLAINTIFF’S INDIRECT AND WILLFUL INFRINGEMENT ALLEGATIONS
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`Plaintiff Advanced Silicon Technologies LLC (“Plaintiff”) and Defendants NXP
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`Semiconductors N.V., NXP B.V., and NXP USA, Inc. (collectively, “Defendants”) hereby provide
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`notice under Section VII of the Court’s Standing Order Governing Proceedings (OGP) 4.1—Patent
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`Cases (dated April 14, 2022), of the following agreement:
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`Plaintiff voluntarily dismisses, without prejudice, its allegations against Defendants
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`concerning indirect infringement (including inducement and contributory infringement) and the
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`pre-suit portions of its allegations against Defendants concerning willful infringement of United
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`States Patent Nos. 7,804,435 and 8,933,945;
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`Plaintiff may re-plead the dismissed allegations with specificity, if supported by a good
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`faith basis under Rule 11, within three months after fact discovery opens, and the parties agree to
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`permit fact discovery on indirect and willful infringement during those three months; and
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`Case 6:22-cv-00466-ADA-DTG Document 36 Filed 08/01/22 Page 2 of 3
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`Defendants do not waive their right to subsequently contest the sufficiency of post-suit
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`allegations of willfulness, and Plaintiff does not dispute that Defendants may do so, for example,
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`should the Plaintiff file an amended complaint.
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`Dated: August 1, 2022
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`By: /s/ Patrick A. Fitch
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`
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`Brian A. Carpenter (State Bar No. 3840600)
`carpenter@cclaw.com
`Carstens & Cahoon, LLP
`1105 Wooded Acres, Suite 415
`Waco, Texas 76701
`(254) 294-8154
`
`Robert R. Brunelli (pro hac vice)
`rbrunelli@sheridanross.com
`Patrick A. Fitch (pro hac vice)
`pfitch@sheridanross.com
`Alex W. Ruge (pro hac vice)
`aruge@sheridanross.com
`Brian Boerman (pro hac vice)
`bboerman@sheridanross.com
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, Colorado 80202
`Phone: (303) 863-9700
`Fax: (303) 863-0223
`Email: litigation@sheridanross.com
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`Counsel for Plaintiff Advanced Silicon
`Technologies LLC
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`
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`Respectfully submitted,
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`By: /s/ Richard S. Zembek
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`Richard S. Zembek (SBN 00797726)
`richard.zembek@nortonrosefulbright.com
`NORTON ROSE FULBRIGHT US LLP
`Fulbright Tower
`1301 McKinney, Suite 5100
`Houston, Texas 77010-3095
`Tel: (713) 651-5151
`Fax: (713) 651-5246
`
`Eric C. Green (SBN 24069824)
`Eric.green@nortonrosefulbright.com
`Catherine Garza (SBN 24073318
`Cat.garza@nortonrosefulbright.com
`NORTON ROSE FULBRIGHT US LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, Texas 78701
`Tel: (512) 474-5201
`Fax: (512) 536-4598
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`Counsel for Defendants NXP Semiconductors
`N.V.; NXP B.V.; and NXP USA, Inc.
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that the parties conferred via email on July 29, 2022, and that Plaintiff
`and Defendants agree to request the relief sought herein.
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`/s/ Catherine Garza
` Catherine Garza
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`- 2 -
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`Case 6:22-cv-00466-ADA-DTG Document 36 Filed 08/01/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I certify that on August 1, 2022, all counsel of record who are deemed to have consented
`to electronic service are being served with a copy of this document via the Court’s CM/ECF
`system.
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`
`/s/ Catherine Garza
` Catherine Garza
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`- 3 -
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