`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Civil Action No. 6:22-cv-00466-ADA-DTG
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`
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`Jury Trial Demanded
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`Plaintiff,
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`Defendants.
`
`
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`Advanced Silicon Technologies LLC,
`
`
`v.
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`NXP Semiconductors N.V.,
`NXP B.V., and
`NXP USA, Inc.,
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`AST's Unopposed Motion for Leave
`to Amend Final Infringement Contentions
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`Advanced Silicon Technologies LLC respectfully seeks leave to amend its Final
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`Infringement Contentions. AST's proposed amendment incorporates evidence derived from
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`documents and source code produced by Defendant NXP USA, Inc. since AST served its Final
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`Infringement Contentions. Good cause supports this motion because fact discovery is ongoing,
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`and the source code and accompanying documents contained new information not previously
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`available to AST, and so that AST can more fully put NXP on notice of its infringement claims.
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`A party may amend its final infringement contentions if good cause exists and with leave
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`of Court. See Fed. R. Civ. P. 16(b)(4); MV3 Partners LLC v. Roku, Inc., No. 6:18-CV-00308-
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`ADA, 2020 U.S. Dist. LEXIS 264454, at *2 (W.D. Tex. Mar. 23, 2020). The absence of prejudice,
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`by itself, can support granting leave. E.g., Kinetic Concepts, Inc. v. BlueSky Med. Corp., No. SA-
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`08-CV-102-RF, 2009 WL 10664413, at *2–3 (W.D. Tex. Dec. 21, 2009).
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`
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`Case 6:22-cv-00466-ADA-DTG Document 80 Filed 08/04/23 Page 2 of 4
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`Good cause supports this Motion. The information added to the proposed amended
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`contentions comes directly from source code and document discovery not yet produced when AST
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`served its Final Infringement Contentions. AST has diligently pursued this information from NXP
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`and provided drafts of its proposed contentions for NXP's review as part of the meet-and-confer
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`process within a few weeks of receiving the printed source code and documents relied on in the
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`proposed amendments. Permitting AST to amend its contentions and provide updated claim charts
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`would not unduly prejudice NXP, which does not oppose this motion, whereas denying AST leave
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`to amend would prejudice AST's ability to pursue its infringement case. Ample time remains in
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`fact discovery for the parties to pursue any follow up discovery necessitated by this amendment.
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`And granting this motion would not delay any deadline in this litigation, as fact discovery does not
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`close until October 27, 2023 and opening expert reports are not due until November 9. See ECF 79.
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`AST respectfully requests the Court grant its Unopposed Motion for Leave to Amend Its
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`Final Infringement Contentions.
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`
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`Dated: August 4, 2023
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`
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`Respectfully submitted,
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`By: /s/ Patrick A. Fitch
`
`
`Brian A. Carpenter (State Bar No. 3840600)
`
`carpenter@caglaw.com
`Carstens, Allen & Gourley, LLP
`1105 Wooded Acres, Suite 415
`Waco, Texas 76701
`(254) 294-1854 (Telephone)
`
`
`Robert R. Brunelli (admitted pro hac vice)
`
`rbrunelli@sheridanross.com
`Patrick A. Fitch (admitted pro hac vice)
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`pfitch@sheridanross.com
`Alex W. Ruge (admitted pro hac vice)
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`aruge@sheridanross.com
`Brian Boerman (admitted pro hac vice)
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`bboerman@sheridanross.com
`Angela J. Bubis (admitted pro hac vice)
`abubis@sheridanross.com
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`—2—
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`
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`Case 6:22-cv-00466-ADA-DTG Document 80 Filed 08/04/23 Page 3 of 4
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`Briana D. Long (admitted pro hac vice)
`blong@sheridanross.com
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, Colorado 80202
`(303) 863-9700 (Telephone)
`(303) 863-0223 (Facsimile)
`litigation@sheridanross.com
`
`Attorneys for Plaintiff
`Advanced Silicon Technologies LLC
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`—3—
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`Case 6:22-cv-00466-ADA-DTG Document 80 Filed 08/04/23 Page 4 of 4
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`CERTIFICATE OF CONFERENCE
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`I conferred by phone and e-mail on behalf of AST about this motion with Mr. Eric Green,
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`on behalf of NXP, on several occasions—most recently July 31, 2023. NXP does not oppose this
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`motion.
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`
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`By: /s/ Patrick A. Fitch
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`
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`Patrick A. Fitch (admitted pro hac vice)
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`CERTIFICATE OF SERVICE
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`I hereby certify that on August 4, 2023, I electronically filed the foregoing with the Clerk
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`of Court using the CM/ECF system which will send notification of such filing to all counsel of
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`record in the above-referenced matter.
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`/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—
`
`
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