P. 12(B)(5) ...................................................................................................... passim Case 2:25-cv-00161-JRG-RSP Document 11 Filed 03/12/25 Page 4 of 16 PageID #: Defendants TCL Technology Group Corporation et al. (collectively “Defendants” or “TCL”) are foreign entities located in China, Mexico, Hong Kong, and Vietnam and respectfully move the Court for dismissal under Federal Rule of Civil Procedure 12(b)(5) for improper service.

Case 2:25-cv-00161-JRG-RSP Document 11 Filed 03/12/25 Page 11 of 16 PageID #: On a Rule 12(b)(5) Motion, it is Plaintiff’s burden of establishing proper service of process for each Defendant.

Mar. 16, 2012) (“Because substituted service on the Texas Secretary of State for a nonresident defendant requires the transmittal of judicial documents abroad, the Hague Convention is implicated.”); Traxcell Techs., LLC v. Nokia Sols.

of State – Bureau of Consular Affairs website) to show that service of process by mail is improper in China and Mexico – two of the countries where several of the Defendants are located.

Both Plaintiff and TCL Communication (USA) are incorporated in Delaware and maintain principal places of business in California (see Exhibit A and Compl., ECF No. 1, ¶14).

To this day, VideoLabs continues to promote an efficient, respected, and balanced intellectual property environment where technology companies have predictable design freedom and innovators who contribute impactful patented inventions can obtain fair and just compensation.

The parties to this action are properly joined under 35 U.S.C. § 299 because of the right to relief asserted against Defendants jointly and severally arises out of the same series of transactions and occurrences relating to the making, importing, using, offering for sale and selling of the same products or processes.

On information and belief, personal jurisdiction also exists specifically over each of the Defendants because they have overlapping executives, interlocking corporate structures and close relationships as manufacturer, importer and distributor of accused products.

As discussed with regard to the ’236 patent infra, both CAS and DRM systems are critically important technologies for securing valuable content programming intended for myriad consumer devices.

Case 2:25-cv-00161-JRG-RSP Document 1 Filed 02/10/25 Page 40 of 52 PageID #: 2014) (intent satisfied where defendant provided “technical support and services, as well as detailed explanations, instructions and information as to arrangements, applications and uses” of accused products).

06/12) Summons in a Civil Action

To: (Defendant’s name and address) TCL Technology Group Corporation c/o The Texas Secretary of State, 1019 Brazos Street, Austin, Texas 78701 A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure.

You also must file your answer or motion with the court.

TCL TECHNOLOGY GROUP CORPORATION, et al.

Defendant(s) To: (Defendant’s name and address) TCL Electronics Holdings, Ltd.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure.

You also must file your answer or motion with the court.

Defendant(s) To: (Defendant’s name and address) TCL Electronics Holdings, Ltd.

(This section should not be filed with the court unless required by Fed. R. Civ.

P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

’ I personally served the summons on the individual at (place) ’ I left the summons at the individual’s residence or usual place of abode with (name) on (date) , and mailed a copy to the individual’s last known address; or , a person of suitable age and discretion who resides there, on (date) ; or ’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ’ Other (specify): , who is ; or My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true.

Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

Defendant(s) To: (Defendant’s name and address) Schenzhen TCL New Technology Co., Ltd.

(This section should not be filed with the court unless required by Fed. R. Civ.

P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

’ I personally served the summons on the individual at (place) ’ I left the summons at the individual’s residence or usual place of abode with (name) on (date) , and mailed a copy to the individual’s last known address; or , a person of suitable age and discretion who resides there, on (date) ; or ’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ’ Other (specify): , who is ; or My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true.

Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:

and TCL OVERSEAS MARKETING LTD.;