`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`
`Case No. 1:22-cv-22706-RNS
`
`
`
`
`
`
`
`
`
`
`
`
`BELL NORTHERN RESEARCH, LLC,
`
`Plaintiff
`
`v.
`
`HMD AMERICA, INC.; HMD GLOBAL OY;
`SHENZHEN CHINO-E COMMUNICATION
`CO., LTD.; HON HAI PRECISION
`INDUSTRY CO., LTD; TINNO MOBILE
`TECHNOLOGY CORP.; SHENZHEN
`TINNO MOBILE CO., LTD.; TINNO USA,
`INC.; UNISOC TECHNOLOGIES CO., LTD.;
`SPREADTRUM COMMUNICATIONS USA,
`INC.; WINGTECH TECHNOLOGY CO.;
`LTD.; WINGTECH INTERNATIONAL,
`INC.; BEST BUY CO., INC.; BEST BUY
`STORES L.P.; TARGET CORP.; WALMART
`INC.
`
`Defendants.
`_______________________________________/
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`PLAINTIFF BELL NORTHERN RESEARCH LLC’S MOTION TO DISMISS
`WITHOUT PREJUDICE DEFENDANTS HON HAI PRECISION INDUSTRY CO. LTD
`AND SPREADTRUM COMMUNICATIONS USA, INC.
`
`Plaintiff Bell Northern Research, LLC, pursuant to Fed. R. Civ. P. 41(a)(2), hereby
`
`moves this Honorable Court to grant Plaintiff’s motion for an order dismissing all claims in this
`
`action asserted against Defendants Hon Hai Precision Industry Co., Ltd. (“Hon Hai”) and
`
`Spreadtrum Communications USA, Inc. (“Spreadtrum”) without prejudice. Plaintiff submits that
`
`Defendants Hon Hai and Spreadtrum have not pleaded any counterclaims, and that the terms of
`
`this dismissal without prejudice are proper. Each Party to this case shall bear its own costs,
`
`expenses, and attorneys’ fees. A proposed order of dismissal accompanies this motion.
`
`
`
`
`
`Case 1:22-cv-22706-RNS Document 131 Entered on FLSD Docket 02/03/2023 Page 2 of 4
`
`Dated: February 3, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
`
`
`/s/ Paul Richter
`Paul Richter (admitted pro hac vice)
`prichter@devlinlawfirm.com
`Christopher Clayton (admitted pro hac vice)
`cclayton@devlinlawfirm.com
`Adam Woodward
`awoodward@devlinlawfirm.com
`Florida Bar No. 1029147
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Jose I. Rojas
`Florida Bar No. 331546
`jrojas@rojaslawfirm.com
`Alexander F. Rojas
`Florida Bar No. 124232
`arojas@rojaslawfirm.com
`ROJASLAW
`201 S. Biscayne Blvd., 28th Floor
`Miami, FL 33131
`Telephone: (305) 446-4000
`Facsimile: (305) 985-4146
`
`
`Attorneys for Plaintiff Bell Northern
`Research, LLC
`
`
`
`2
`
`
`
`Case 1:22-cv-22706-RNS Document 131 Entered on FLSD Docket 02/03/2023 Page 3 of 4
`
`CERTIFICATION OF PRE-FILING CONFERENCE
`
`Pursuant to Local Rule 7.1(a)(3), the undersigned counsel for Plaintiff Bell Northern
`
`Research, LLC certifies that Plaintiff’s counsel conferred on February 1–3, 2023 on all of the
`
`issues raised in this motion with counsel for all of the Defendants in this action that have entered
`
`an appearance, namely: HMD America, Inc., HMD Global Oy (collectively, “HMD”), Hon Hai
`
`Precision Industry Co. Ltd. (“Hon Hai”), Spreadtrum Communications USA, Inc.
`
`(“Spreadtrum”), Tinno Mobile Technology Corp., Shenzehn Tinno Mobile Co., Ltd., Tinno
`
`USA, Inc. (collectively, “Tinno”), Unisoc Technologies Co. Ltd. (“Unisoc), Wingtech
`
`Technology Co. Ltd., Wingtech International, Inc. (collectively, “Wingtech”), Best Buy Co.,
`
`Inc., Best Buy Stores L.P. (collectively, “Best Buy”), Target Corp. (“Target”), and Walmart Inc.
`
`(“Walmart”).
`
`Counsel for HMD, Target, and Best Buy indicated they do not oppose this motion with
`
`the understanding that “BNR will not use the absence of [Hon Hai and Spreadtrum] to prejudice
`
`the other defendants.” Counsel for Walmart indicated that they will not oppose the motion in
`
`view of this representation. Counsel for Wingtech indicated that it does not oppose. Counsel for
`
`Unisoc and Spreadtrum indicated that it does not oppose. Counsel for Tinno indicated that it
`
`does not oppose.
`
`Counsel for Hon Hai indicated it “does not agree to the statement that each party shall
`
`bear its own costs, expenses, and attorneys’ fees. That sentence should be removed from the
`
`motion and the proposed order. Otherwise, Hon Hai does not oppose.”
`
`The movant has conferred with all parties or non-parties who may be affected by the
`
`relief requested.
`
`
`
`/s/ Paul Richter
`Paul Richter
`
`
`
`3
`
`
`
`Case 1:22-cv-22706-RNS Document 131 Entered on FLSD Docket 02/03/2023 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that all counsel of record who have consented to electronic service are
`
`being served with a copy of this document on February 3, 2023.
`
`/s/ Paul Richter
`Paul Richter
`
`
`
`
`
`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
