`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`NANOCO TECHNOLOGIES LTD.,
`
`
`Plaintiffs,
`
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD, et al,
`
`
`
`Defendants.
`
`
`
`Civil Action No. 2:20-cv-00038-JRG
`
`
`
`
`
`
`
`UNOPPOSED MOTION FOR EXTENSION OF TIME TO MOVE, ANSWER OR
`OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND
`WAIVER OF FOREIGN SERVICE REQUIREMENT
`
`
`Samsung Electronics Co., Ltd., Samsung Display Co., Ltd., Samsung Advanced Institute
`
`of Technology, Samsung Electronics America, Inc., and Samsung Electronics Co., Ltd. Visual
`
`Display Division, Defendants herein, without waiving any defenses described or referred to in
`
`Rule 12 F.R.C.P., move the Court to extend the time within which Defendants are required to
`
`move, answer or otherwise respond to Plaintiff’s Complaint for Patent Infringement. In support
`
`of their Motion, Defendants state as follows:
`
`1.
`
`On February 14, 2020, Plaintiff filed its Complaint alleging patent infringement
`
`against Samsung Electronics Co., Ltd., Samsung Display Co., Ltd., Samsung Advanced Institute
`
`of Technology, Samsung Electronics America, Inc., and Samsung Electronics Co., Ltd. Visual
`
`Display Division.
`
`2.
`
`Defendant Samsung Electronics America, Inc. was served with Plaintiff’s
`
`Complaint on May 12, 2020, making its answer date June 2, 2020.
`
`3.
`
`Defendants request an extension of time for Samsung Electronics Co., Ltd.,
`
`Samsung Display Co., Ltd., Samsung Advanced Institute of Technology, Samsung Electronics
`
`
`
`Case 2:20-cv-00038-JRG Document 14 Filed 05/28/20 Page 2 of 3 PageID #: 359
`
`America, Inc., and Samsung Electronics Co., Ltd. Visual Display Division to move, answer or
`
`otherwise respond to the complaint until August 31, 2020 (90-day extension from Samsung
`
`Electronics America, Inc.’s original answer deadline), in exchange for the Korean entities
`
`Samsung Electronics Co., Ltd.’s and Samsung Display Co., Ltd.’s agreement to waive formal
`
`service of process pursuant to The Hague and consent to service in the action.1
`
`4.
`
`Defendants’ agreement with Plaintiff should not be construed as a waiver of any
`
`other rights or defenses, including, for instance, Defendants’ right to file counterclaims,
`
`affirmative defenses, or to otherwise challenge the validity of the subject patents.
`
`5.
`
`Plaintiff does not oppose this request.
`
`WHEREFORE, Samsung Electronics Co., Ltd., Samsung Display Co., Ltd., Samsung
`
`Advanced Institute of Technology, Samsung Electronics America, Inc., and Samsung Electronics
`
`Co., Ltd. Visual Display Division respectfully request that the time in which they are required to
`
`move, answer or otherwise respond to Plaintiff’s Complaint for Patent Infringement be extended
`
`up to and through August 31, 2020.
`
`
`
`Dated: May 28, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`
`
`1 The named defendants Samsung Advanced Institute of Technology (“SAIT”) and Samsung Electronics Co., Ltd.
`Visual Display Division (“SEC Visual Display”) are business divisions of Samsung Electronics Co., Ltd. Plaintiff
`has agreed to file a Stipulation and Notice of Dismissal that will dismiss SAIT and SEC Visual Display from the
`lawsuit and have the names removed from the case caption.
`
`
`
`Case 2:20-cv-00038-JRG Document 14 Filed 05/28/20 Page 3 of 3 PageID #: 360
`
`Attorney for Defendants
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that counsel of record who are deemed to have consented
`
`to electronic services are being served with a copy of this document via the Court’s CM/ECF
`
`system per Local Rule CV-5(a)(3) on this the 28th day of May, 2020.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Melissa R. Smith
` Melissa R. Smith
`
`
`
`
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
