IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC,

Plaintiff,

v.

SAMSUNG ELECTRONIC CO., LTD and 

SAMSUNG ELECTRONICS AMERICA, 

INC.,

Defendants.

Case No. 2:23-cv-00285-JRG-RSP

JURY TRIAL DEMANDED

SAMSUNG’S UNOPPOSED MOTION FOR LEAVE

TO AMEND INVALIDITY CONTENTIONS

Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. 

(“Defendants” or “Samsung”) seek leave, per Local Patent Rule 3-6(b), to amend their Invalidity 

Contentions for good cause. Cobblestone Wireless LLC (“Cobblestone”) does not oppose this 

request.

A party may amend or supplement invalidity contentions “by order of the Court, which

shall be entered only upon a showing of good cause.” P.R. 3-6(b). Courts in this district generally

consider the following factors when determining good cause: “(1) the explanation for the party’s

failure to meet the deadline, (2) the importance of what the Court is excluding, (3) the potential

prejudice if the Court allows that thing that would be excluded, and (4) the availability of a

continuance to cure such prejudice.” Garrity Power Servs. LLC v. Samsung Elecs. Co. Ltd. et al.,

No. 2:20-CV-269-JRG, 2021 WL 4894262, at *1 (E.D. Tex. Oct. 19, 2021) (citing Keranos, LLC

v. Silicon Storage Tech., Inc., 797 F.3d 1025, 1035 (Fed. Cir. 2015)).

On June 18, 2024, Samsung served amended invalidity contentions on Cobblestone 

adding prior art references, and asked Cobblestone whether it would oppose Samsung’s motion 

Case 2:23-cv-00285-JRG-RSP Document 59 Filed 07/11/24 Page 1 of 4 PageID #: 939
for leave to amend. After meeting and conferring, Cobblestone indicated on July 11, 2024 that it 

does not oppose Samsung’s amendments.

Good cause exists for Samsung to amend its invalidity contentions. Samsung’s 

amendments only seek to add prior art references in petitions for inter partes review and an 

application for ex parte reexamination that were filed against the ’802 patent, and that Samsung 

had not identified prior to the deadline to submit invalidity contentions in this case despite 

diligent efforts. See Exs. A-M. The amendment is important because it is relevant to the 

invalidity of all asserted claims of the ’802 patent. Additionally, the amendment is not 

cumulative because it contains art related to different technology fields. See, e.g., Ex. L and M 

(relating to Wi-Fi standards instead of mobile telecommunications standards). Cobblestone 

would not be prejudiced because it has already been put on notice of this art, all of which are 

from post grant filings:

• IPR2024-00606 (Cobblestone filed its Patent Owner’s Preliminary Response on 

June 14, 2024)

• IPR2024-00707 (Cobblestone filed its Patent Owner’s Preliminary Response on 

June 27, 2024), and

• Ex Parte Reexamination Application No. 90/019,458 (filed March 27, 2024 and 

instituted on June 13, 2024).

Additionally, the case is still early in discovery. The deadline for fact discovery is set to 

end in five months (November 22, 2024), and the case is well in advance of claim construction

briefing (opening brief due on October 2, 2024). Dkt. 38-1 and 39. Because there is plenty of 

time in the case schedule and because Cobblestone is not prejudiced, a continuance would not be 

necessary. Accordingly, Samsung respectfully submits that the good-cause standard of Local 

Rule P.R. 3-6(b) is satisfied and move for leave of Court to amend the invalidity contentions. 

Case 2:23-cv-00285-JRG-RSP Document 59 Filed 07/11/24 Page 2 of 4 PageID #: 940
Dated: July 11, 2024 Respectfully submitted,

By: /s/ Sean Pak

Sean Pak

California Bar No. 219032 (pro hac vice)

seanpak@quinnemanuel.com 

Iman Lordgooei 

California Bar No. 251320 (admitted in E.D. 

Tex.)

imanlordgooei@quinnemanuel.com

QUINN EMANUEL URQUHART & 

SULLIVAN, LLP

50 California Street, 22nd Floor

San Francisco, CA 94111

Tel: 415-875-6600

Fax: 415-875-6700

Victoria F. Maroulis

California Bar No. 202603 (admitted in E.D. 

Tex.)

victoriamaroulis@quinnemanuel.com

QUINN EMANUEL URQUHART & 

SULLIVAN, LLP

555 Twin Dolphin Drive, 5th Floor

Redwood Shores, CA 94065

Tel : 650-801-5000

Fax: 650-801-5100

Kevin Hardy

D.C. Bar No. 473941 (admitted in E.D. Tex.)

kevinhardy@quinnemanuel.com

QUINN EMANUEL URQUHART & 

SULLIVAN, LLP

1300 I Street, N.W., Suite 900

Washington, DC 20005

Tel: 202.538.8000

Fax: 202.538.8100

Melissa R. Smith

Texas State Bar No. 24001351 

melissa@gillamsmithlaw.com 

GILLAM & SMITH, LLP

303 South Washington Avenue 

Marshall, Texas 75670

Phone: (903) 934-8450

Fax: (903) 934-9257

Case 2:23-cv-00285-JRG-RSP Document 59 Filed 07/11/24 Page 3 of 4 PageID #: 941
Counsel for Defendants Samsung Electronics 

Co., Ltd. and Samsung Electronics America, 

Inc.

CERTIFICATE OF SERVICE

I hereby certifies that a true and correct copy of the above and foregoing document has 

been sent to all counsel of record who are deemed to have consented to electronic service via the 

Court’s CM/ECF system per Local Rule CV-5(a)(3).

/s/ Melissa R. Smith

Melissa R. Smith

CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that counsel for Defendants met and conferred with

counsel for Plaintiff. Counsel for Plaintiff indicated that it is unopposed to this motion.

/s/ Melissa R. Smith

 Melissa R. Smith

Case 2:23-cv-00285-JRG-RSP Document 59 Filed 07/11/24 Page 4 of 4 PageID #: 942