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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

SABLE NETWORKS, INC. and

SABLE IP, LLC

Plaintiffs,

v.

DELL TECHNOLOGIES INC., DELL INC., 

and EMC CORPORATION,

Defendants.

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CIVIL ACTION No. 6:20-cv-00569-ADA

JURY TRIAL DEMANDED

JOINT STIPULATION TO DISMISS PLAINTIFFS’ INDUCED AND WILLFUL 

INFRINGEMENT ALLEGATIONS

WHEREAS, the above-captioned action was filed by Plaintiffs Sable Networks, Inc. and 

Sable IP, LLC (collectively, “Plaintiffs” or “Sable”) against Defendants Dell Technologies Inc., 

Dell Inc., and EMC Corporation (collectively, “Defendants” or “Dell”) in the United States 

District Court for the Western District of Texas, Waco Division on June 26, 2020;

WHEREAS, in the above-captioned action, Sable alleges that: (1) Dell directly infringes

four United States patents; (2) Dell induces infringement of the four asserted United States 

patents; and (3) Plaintiffs are entitled to enhanced damages arising from Dell’s willful 

infringement of the four asserted United States patents; 

WHEREAS, Dell indicated its intention to file a motion to dismiss Plaintiffs’ allegations 

that Dell willfully infringes, induces infringement or that Plaintiffs are entitled to enhanced 

damages;

WHEREAS, Plaintiffs deny that there is any infirmity with any of the allegations in its 

Complaint, including its allegations of induced and willful patent infringement;

WHEREAS, Plaintiffs acknowledge this Court has a standard practice of dismissing 

allegations of induced infringement and willful infringement without prejudice to plaintiffs 

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conducting discovery on both issues and without prejudice to plaintiffs amending the complaint 

to allege induced infringement and/or willful infringement after fact discovery is open;

WHEREAS, counsel for Plaintiffs and counsel for Defendants have met and conferred 

and agreed that Plaintiffs will voluntarily dismiss the allegations of induced and willful 

infringement contained in the Complaint filed in this action; however, counsel for Plaintiffs and 

counsel for Defendants acknowledge that: (1) this dismissal is pursuant to the Court’s standard 

practice; (2) this Stipulation is not intended to serve as a reflection on the adequacy or 

inadequacy of any allegations contained in the Complaint; and (3) that the dismissal of Plaintiffs’ 

induced and willful infringement allegations is without prejudice to Plaintiffs seeking discovery 

on these issues, to which Dell reserves its rights to raise appropriate objections, and without 

prejudice to Plaintiffs amending the Complaint to allege induced and/or willful infringement 

after fact discovery in this action is open;

WHEREAS, Dell has requested, and Plaintiffs do not oppose, an extension of its deadline 

to answer or otherwise respond to the Complaint until 21 days from the date the Court enters an 

Order dismissing Plaintiffs’ induced and willful infringement claims without prejudice pursuant 

to this Stipulation;

NOW, THEREFORE, Plaintiffs and Defendants, through each party’s respective counsel, 

hereby jointly stipulate to the entry of an Order dismissing Plaintiffs’ allegations of induced 

infringement and willful infringement without prejudice to Plaintiffs seeking discovery relevant 

to those allegations, to which Dell reserves its rights to raise appropriate objections, and without 

prejudice to Plaintiffs amending the Complaint to allege induced and/or willful infringement 

after fact discovery in this action opens. Plaintiffs and Defendants further request an Order 

Case 6:20-cv-00569-ADA Document 21 Filed 09/03/20 Page 2 of 4
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providing Dell with a 21-day extension to answer or otherwise respond to the Complaint, which 

begins to run upon entry of the Court’s dismissal order.

DATED: September 3, 2020

Respectfully Submitted,

By: /s/ Michael J. Newton___________

Michael John Newton (TX. Bar No. 24003844)

Brady Cox (TX. Bar No. 24074084)

Alston & Bird LLP

2200 Ross Avenue, Suite 2300

Dallas, Texas 75201

Phone: (214) 922-3400

Fax: (214) 922-3899

mike.newton@alston.com

brady.cox@alston.com

Emily Chambers Welch (GA Bar No. 606071)

Alston & Bird LLP

One Atlantic Center

1201 W. Peachtree Street NE, Suite 4900

Atlanta, Georgia 30309

Telephone: (404) 881-7000

emily.welch@alston.com

Lauren N. Griffin (NC Bar No. 54766)

Alston & Bird LLP

101 S. Tryon Street, Suite 4000

Charlotte, North Carolina 28280

Telephone: (704) 444-1000

lauren.griffin@alston.com

COUNSEL FOR DEFENDANTS

DELL TECHNOLOGIES INC., DELL INC., 

AND EMC CORPORATION

By: /s/ Dorian Berger

S. Calvin Capshaw

State Bar No. 03783900

Elizabeth L. DeRieux

State Bar No. 05770585

Case 6:20-cv-00569-ADA Document 21 Filed 09/03/20 Page 3 of 4
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Capshaw DeRieux, LLP

114 E. Commerce Ave.

Gladewater, TX 75647

Telephone: (903) 235-2833

Email: ccapshaw@capshawlaw.com

Email: ederieux@capshawlaw.com

Dorian S. Berger (CA SB No. 264424)

Daniel P. Hipskind (CA SB No. 266763)

BERGER & HIPSKIND LLP

9538 Brighton Way, Ste. 320

Beverley Hills, CA 90210

Telephone: (323) 886-3430

Facsimile: (323) 978-5508

Email: dsb@bergerhipskind.com

Email: dph@bergerhipskind.com

COUNSEL FOR PLAINTIFFS

SABLE NETWORKS, INC. AND 

SABLE IP, LLC

CERTIFICATE OF CONFERENCE

I hereby certify that the parties conferred via email over September 2-September 3, 2020, 

and that Sable Networks, Inc., Sable IP, LLC, Dell Technologies Inc., Dell Inc., and EMC 

Corporation agree to request the relief sought herein.

/s/ Dorian Berger

Dorian Berger

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 3rd day of September, 2020 a true and 

correct copy of the Joint Stipulation to Dismiss Without Prejudice Plaintiffs’ Induced and Willful 

Infringement Allegations was electronically filed with the Clerk of the Court using the CM/ECF 

system, which sends notifications of such filing to all counsel of record who have consented to 

accept service by electronic means.

/s/ Dorian Berger

Dorian Berger

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