Pending Resolution of Current Litigation Over Ownership of the '336 Patent
February 10, 2013
The Honorable E. James Gildea
U.S. International Trade Commission
500 E. Street, S.W., Room 317
Washington, D.C. 20436
Re: Certain Wireless Consumer Electronics Devices and Components Thereof,
Inv. No. 337-TA-853
Dear Judge Gildea:
I write to provide you with supplemental information that recently became available and
renders moot Respondents’ Motion to Stay the Investigation Pending Resolution of Current
Litigation Over Ownership of the ’336 Patent (Motion Docket No. 853-009).
Respondents’ motion is based on the premise that this action should be stayed pending
resolution of a California State Court action between Complainant Technology Properties
Limited, LLC (“TPL”) and inventor Charles Moore. As confirmed by the Request for
Dismissal filed on January 24, 2013 in that action and attached as Exhibit A, TPL and Mr.
Moore have settled and jointly asked the California State Court to dismiss the action with
prejudice. Accordingly, Respondents’ motion should be dismissed as moot based on this new
development, in addition to the reasons set forth in TPL’s opposition brief.
Sincerely,
Philip W. Marsh
Enclosures
1.b.6
As to the cross complaint filed by Technology Properties Limited LLC, filed on January 17, 2012, dismiss with prejudice ONLY cross - def Moore and GreenArrays, but NOT any fictiously named "ROE" cross defendant. The cross complaint is not dismissed as to any of the fictiously named "ROE" Cross - Defendants