Case 6:22-cv-00466-ADA-DTG Document 71 Filed 03/16/23 Page 1 of 4
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Advanced Silicon Technologies LLC,
`
`
`Plaintiff,
`
`v.
`
`NXP Semiconductors N.V.,
`NXP B.V., and
`NXP USA, Inc.,
`
`
`Defendants.
`
`
`
`Case No. 6:22-cv-00466-ADA-DTG
`
`
`
`
`Jury Trial Demanded
`
`AST's Unopposed Motion for Issuance of Letter of Request
`to Inspect Documents under the Hague Evidence Convention
`
`Plaintiff Advanced Silicon Technologies LLC moves for issuance of a Letter of Request
`
`for International Judicial Assistance under the Hague Convention on the Taking of Evidence
`
`Abroad in Civil or Commercial Matters to inspect documents from Allegro DVT, located in
`
`France. See Ex. A. Defendant NXP USA, Inc. does not oppose this request.
`
`AST's Motion complies with Fed. R. Civ. P. Rule 28(b) and the Hague Convention on the
`
`Taking of Evidence Abroad in Civil or Commercial Matters, T.I.A.S. No. 7444, 23 U.S.T. 2555,
`
`reproduced in 28 U.S.C. § 1781, which is in force between the United States and France. Issuance
`
`of the Letter of Request under the Hague Convention is a proper method for collecting documents
`
`from persons residing abroad. See Fed. R. Civ. P. 28(b); Pain v. United Tech. Corp., 637 F.2d 775,
`
`778-90 (D.C. Cir. 1980), cert. denied, 454 U.S. 1128 (1991). And the proposed Letter of Request
`
`follows the model set forth in the Hague Convention.
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Advanced Silicon Technologies LLC,
`
`
`Plaintiff,
`
`v.
`
`NXP Semiconductors N.V.,
`NXP B.V., and
`NXP USA, Inc.,
`
`
`Defendants.
`
`
`
`Case No. 6:22-cv-00466-ADA-DTG
`
`
`
`
`Jury Trial Demanded
`
`AST's Unopposed Motion for Issuance of Letter of Request
`to Inspect Documents under the Hague Evidence Convention
`
`Plaintiff Advanced Silicon Technologies LLC moves for issuance of a Letter of Request
`
`for International Judicial Assistance under the Hague Convention on the Taking of Evidence
`
`Abroad in Civil or Commercial Matters to inspect documents from Allegro DVT, located in
`
`France. See Ex. A. Defendant NXP USA, Inc. does not oppose this request.
`
`AST's Motion complies with Fed. R. Civ. P. Rule 28(b) and the Hague Convention on the
`
`Taking of Evidence Abroad in Civil or Commercial Matters, T.I.A.S. No. 7444, 23 U.S.T. 2555,
`
`reproduced in 28 U.S.C. § 1781, which is in force between the United States and France. Issuance
`
`of the Letter of Request under the Hague Convention is a proper method for collecting documents
`
`from persons residing abroad. See Fed. R. Civ. P. 28(b); Pain v. United Tech. Corp., 637 F.2d 775,
`
`778-90 (D.C. Cir. 1980), cert. denied, 454 U.S. 1128 (1991). And the proposed Letter of Request
`
`follows the model set forth in the Hague Convention.
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 71 Filed 03/16/23 Page 2 of 4
`
`STATEMENT OF THE CASE
`
`AST brings this Motion because Allegro DVT and its employees likely possess information
`
`relevant to AST's allegations of infringement and that discovery to date suggests cannot be
`
`obtained from a party to this litigation. For instance, NXP's motion to transfer venue named
`
`Allegro DVT as a designer, developer, and supplier of video processing components incorporated
`
`into NXP's accused processors. See ECF No. 46 at 2. Allegro DVT uniquely possesses evidence
`
`showing the design and functionality of these components that deposition testimony to date
`
`suggests cannot be obtained from NXP. NXP does not oppose AST's motion.
`
`PROCEDURE
`
`This Motion includes the following attachments:
`
`• Exhibit A: Request for International Judicial Assistance Under Hague Convention on
`the Taking of Evidence Abroad in Civil or Commercial Matters;
`
`• Attachment A to Exhibit A: Requests for Production of Documents;
`
`• Attachment B to Exhibit A: Joint Motion to Enter Agreed Protective Order
`(ECF No. 43); Text Order Granting Motion for Protective Order entered by Judge
`Derek T. Gilliland; and
`
`• Proposed Order.
`
`If the Court grants this Motion, AST requests that the Court execute the Letter of Request
`
`with the Court's signature and seal in conformity with Article 2 of the Hague Convention and
`
`provide an original of the executed Letter of Request to AST's undersigned counsel for forwarding
`
`to the appropriate authority in France and execution.
`
`
`Dated: March 16, 2023
`
`Respectfully submitted,
`
`By: /s/ Patrick A. Fitch
`
`
`
`Brian A. Carpenter (State Bar No. 3820600)
`carpenter@caglaw.com
`Carstens, Allen & Gourley, LLP
`1105 Wooded Acres, Suite 415
`Waco, Texas 76701
`
`
`
`—2—
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 71 Filed 03/16/23 Page 3 of 4
`
`Telephone: (254) 294-1854
`
`Robert R. Brunelli (admitted pro hac vice)
`rbrunelli@sheridanross.com
`Patrick A. Fitch (admitted pro hac vice)
`pfitch@sheridanross.com
`Alex W. Ruge (admitted pro hac vice)
`aruge@sheridanross.com
`Brian Boerman (admitted pro hac vice)
`bboerman@sheridanross.com
`Briana D. Long (admitted pro hac vice)
`blong@sheridanross.com
`Angela J. Bubis (admitted pro hac vice)
`abubis@sheridanross.com
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, Colorado 80202
`Telephone: (303) 863-9700
`Facsimile: (303) 863-0223
`litigation@sheridanross.com
`
`
`Attorneys for Advanced Silicon Technologies LLC
`
`
`
`
`
`
`—3—
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 71 Filed 03/16/23 Page 4 of 4
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that on March 15, 2023, counsel for Advanced Silicon Technologies LLC
`
`conferred via email with counsel for NXP USA, Inc. regarding the relief requested in this Motion.
`
`Counsel for NXP represented that NXP does not oppose the requested relief.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Patrick A. Fitch
` Patrick A. Fitch
` pfitch@sheridanross.com
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, Colorado 80202
`Telephone: 303-863-9700
`Facsimile: 303-863-0223
`litigation@sheridanross.com
`
`Attorney for Advanced Silicon Technologies LLC
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 16, 2023, I electronically filed the foregoing with the Clerk
`
`of Court using the CM/ECF system which will send notification of such filing to all counsel of
`
`record in the above-referenced matter.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Thomas J. Armento
` Thomas J. Armento
` Paralegal
`
`tarmento@sheridanross.com
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, Colorado 80202
`Telephone: 303-863-9700
`Facsimile: 303-863-0223
`litigation@sheridanross.com
`
`—4—
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
