CXT Systems Inc. v. J.C. Penney Corporation, Inc.

JOINT MOTION TO DISMISS WITH PREJUDICE COUNTS I, II AND III

OF PLAINTIFF’S SECOND AMENDED COMPLAINT

Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff CXT Systems, Inc. and Defendant J.C. Penney Corporation, Inc. respectfully request that the claims for relief asserted against Defendant by Plaintiff in Counts I, II and III of the Second Amended Complaint (Dkt. No. 69 in 2:18-cv-00171 action) with respect to U.S. Patent Nos. 6,493,703, 6,571,234 and RE45,661 be dismissed, with prejudice; and the Parties further request that all attorneys’ fees, costs of court and expenses associated with these claims be borne by each Party incurring the same.

Mariner IC v Sharp Corporation

P.R. 4-3(a)(3) Anticipated Length of Time for the Claim Construction Hearing

Mariner expects that 1 hour per side (2 hours total) will provide sufficient time to conduct

the claim construction hearing.

Defendants expect that 90 minutes per side (3 hours total) will provide sufficient time to

conduct the claim construction hearing.

COMPLAINT: M-Red Inc. v. Acer Inc.

FACTUAL ALLEGATIONS - The Asserted Patents: US Patent No. 6,853,259; US Patent No. 7,068,557 and US Patent No. 7,209,401 generally cover integrated circuits comprising voltage and temperate sensors which output a voltage and temperate and store the output in memory. The Asserted Patents also cover methods for dynamically adjusting clock frequency based on voltage and temperature values. In some embodiments of the inventions, temperature sensors dynamically monitor environmental parameters and store these parameters on a memory. These temperature monitoring and power saving techniques are incorporated into chips utilized in Acer products. Acer has infringed and is continuing to infringe the patents-in-suit by making, using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell, offer to sell and/or importing, products that utilize SoCs and associated software that utilize on-chip temperature sensors for power management, including Qualcomm SoCs including at least the Snapdragon 808 SoC, and MediaTek SoCs including at least the MT8163. Such Acer products include at least the Liquid M220 smartphone and Iconia One 10 tablet.

Case No. 2:19-cv-00143 assigned to Judge Gilstrap