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Joint Motion to Stay All Deadlines and Notice of Settlement


Photonic Imaging and Lorex have reached an agreement in principle to settle all matters

in controversy between Photonic Imaging and Lorex. The parties respectfully request a stay of all case deadlines in this case between Photonic Imaging and Lorex for thirty (30) days while the parties finalize a settlement agreement and file dismissal documents with the Court.


Case No. 1:18-cv-00487


Photonic Imaging Solutions also has cases pending versus AsusTek Computer (Case No. 1:18-cv-00488), NETGEAR (Case No. 1:18-cv-00489), and Lenovo Group (Case No. 1:18-cv-00636).

Motion to Dismiss for Lack of Personal Jurisdiction

On December 10, 2018, TCT made a Motion to Dismiss for Lack of Jurisdiction

On January 14, 2019 Semcon filed its Response in Opposition to the Motion to Dismiss

On February 15, 2019 TCT filed its Reply to Semcon's Response

On February 22, 2019 Semcon filed its Sur-Reply to TCT's Reply

On March 8, 2019 the Court "having considered the Motion and briefing, specifically Plaintiff Semcon IP Inc.’s Response 'request[ing] that it be permitted to conduct jurisdiction-related discovery', the Court hereby ORDERS limited Jurisdictional Discovery"

On May 15, 2019 the Court granted Semcon leave to file a Supplemental Response in Opposition to TCT's Motion to Dismiss

On May 22, 2019 the Court granted TCT leave to file a Supplemental Reply under seal in support of the Motion to Dismiss


Case No. 2:18-cv-00194


Interestingly, Judge Gilstrap denied a similar motion to dismiss for lack of jurisdiction after ordering limited jurisdictional discovery and conducting and evidentiary hearing. In that case, AGIS Software Development LLC v. LG Electronics, Inc. (2:17-cv-00515), LG's motion to dismiss was denied based on the stream of commerce theory of personal jurisdiction. The court reasoned that sales were conducted through an established distribution channel with knowledge, or at least reasonable foreseeability, that the products would end up in Texas. The Federal Circuit subsequently denied LG Electronics Inc’s petition for writ of mandamus from Judge Gilstrap’s decision denying their motion to dismiss for lack of personal jurisdiction (In re LG Electronics Inc., No 2019-107 (Fed Cir, 24 Jan 2019)).


AGIS was represented by the same team from Brown Rudnick that represents Semcon IP in the pending actions against TCT, Amazon, AsusTek Computer, Kyocera Corporation, Michael Kors, Louis Vuitton and Shenzhen OnePlus.

Writer: QPRC
QPRC
May 23, 2019
1 min read

Markman Hearing reset for June 20, 2019 at 9:00am CDT before Magistrate Judge Payne


The Court appoints Don Tiller as the technical advisor in this case.


Case No. 2:18-cv-00193

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