Cell and Network Selection LLC v. AT&T Inc. et alRESPONSE to Motion re MOTION to Strike Plaintiff's Untimely Second Amended Infringement ContentionsE.D. Tex.August 27, 20141 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION CELL AND NETWORK SELECTION LLC, Plaintiff, v. AT&T INC., et al., Defendants. § § § § Civil Action No. 6:13-cv-403-LED-KNM § § § Jury Trial Demanded § § § PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT ZTE’S MOTION TO STRIKE SECOND AMENDED INFRINGEMENT CONTENTIONS AND IN THE ALTERNATIVE MOTION FOR LEAVE UNDER P.R. 3-6(b) Plaintiff Cell and Network Selection, LLC, (“Plaintiff” or “CNS”), files this Response to the Defendants ZTE Corporation, ZTE (USA) Inc., and ZTE Solutions Inc.’s (collectively “ZTE”) Motion to Strike (Doc. No. 201) (filed August 21, 2014) (herein collectively, “Motion to Strike”). On August 8, 2014, Defendants MetroPCS Communications, Inc., MetroPCS Wireless, Inc., and MetroPCS Texas, LLC’s (collectively, “MetroPCS”) filed their Motion to Strike (Doc. No. 197. On August 21, 2014, ZTE also filed its Motion to Strike (Doc. No. 201) with substantively the same arguments previously advanced by MetroPCS. On August 27, 2014, for the Court’s convenience, Plaintiff CNS filed one consolidated response to both Motions to Strike titled “Plaintiff’s Consolidated Response in Opposition to Defendants’ Motion to Strike Second Amended Infringement Contentions and in the Alternative Motion for Leave Under P.R. 3-6(b).” (Doc. No. 207). Plaintiff’s Consolidated Response addresses all arguments raised by MetroPCS and ZTE. Thus, CNS incorporates by reference Case 6:13-cv-00403-KNM Document 208 Filed 08/27/14 Page 1 of 3 PageID #: 7274 2 herein, its responsive briefing as set forth in Plaintiff’s Consolidated Response in Opposition to Defendants’ Motion to Strike Second Amended Infringement Contentions and in the Alternative Motion for Leave Under P.R. 3-6(b). (Doc. No. 207). Respectfully submitted, Dated: August 27, 2014 By: /s/ John D. Saba Andrew G. DiNovo Texas State Bar No. 00790594 Adam G. Price Texas State Bar No. 24027750 John D. Saba, Jr. Texas State Bar No. 24037415 DiNovo Price Ellwanger & Hardy LLP 7000 N. MoPac Expressway, Suite 350 Austin, Texas 78731 Telephone: (512) 539-2626 Telecopier: (512) 539-2627 Eric M. Albritton Texas State Bar No. 00790215 Albritton Law Firm P.O. Box 2649 Longview, Texas 75606 Telephone: (903) 757-8449 Facsimile: (903) 758-7397 ema@emafirm.com ATTORNEYS FOR CELL AND NETWORK SELECTION, LLC Case 6:13-cv-00403-KNM Document 208 Filed 08/27/14 Page 2 of 3 PageID #: 7275 3 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to FED. R. CIV. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email, on this the 27th day of August, 2014. /s/ John D. Saba John D. Saba, Jr. Case 6:13-cv-00403-KNM Document 208 Filed 08/27/14 Page 3 of 3 PageID #: 7276
