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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

v.

AT&T SERVICES INC.; AT&T MOBILITY LLC; 

AND AT&T CORP.

Case No. 2:23-cv-00202-JRG-RSP

LEAD CASE

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

v.

VERIZON COMMUNICATIONS, INC.; CELLCO 

PARTNERSHIP D/B/A VERIZON WIRELESS

CASE NO. 2:23-cv-00203-JRG-RSP

MEMBER CASE

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

v.

T-MOBILE USA, INC.

CASE NO. 2:23-cv-00204-JRG-RSP

MEMBER CASE

PLAINTIFF XR COMMUNICATIONS, LLC’S 

UNOPPOSED MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS

Pursuant to Patent Rule 3-6(b), to Plaintiff XR Communications, LLC, dba Vivato 

Technologies (“Vivato”) respectfully requests leave to amend its Disclosure of Asserted Claims 

and Infringement Contentions by service on the Defendants on or before August 31, 2023. 

Counsel for Plaintiff has conferred regarding the relief requested in this motion with 

counsel for the Defendants (AT&T Services, Inc., AT&T Mobility LLC, AT&T Corp., Verizon 

Communications, Inc., Cellco Partnership d/b/a Verizon Wireless, and T-Mobile USA, Inc., 

collectively the “Defendants”). Defendants do not oppose the relief sought herein. 

Case 2:23-cv-00202-JRG-RSP Document 38 Filed 08/24/23 Page 1 of 5 PageID #: 960
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Good cause exists for the Court to grant Plaintiff leave to amend its infringement 

contentions. On July 28, 2023, Plaintiff Vivato served its initial infringement contentions to 

Defendants. After serving those contentions, counsel for Defendants and counsel for Plaintiff met 

and conferred to discuss the infringement contentions and counsel for Defendants identified issues 

that Defendants contend need to be addressed in amended contentions. Plaintiff does not concede 

that Defendants are correct but agrees to amend the contentions to address concerns and reduce 

disputes. During the meet and confer, Defendants confirmed that they would not oppose Plaintiff 

serving amended infringement contentions, provided that they are served by August 31, 2023 and 

that the Court enters the parties’ Proposed Docket Control Order permitting Defendants to serve 

their responsive invalidity contentions on October 12, 2023. The contemplated timing of the 

exchange of contentions will improve judicial efficiency because it will resolve possible disputes 

without burdening the Court. 

Plaintiff Vivato accordingly moves for leave to amend its infringement contentions by 

August 31, 2023. Given the early stage of the case and the substance of the discussions in the meet 

and confer between counsel for Plaintiff and counsel for Defendants, the proposed amendment 

will cause no prejudice to Defendants, and Plaintiff’s changes will not result in any added delay in 

this case. This proposed amendment does not seek to add any new asserted patents/claims. 

Thus, Plaintiff Vivato respectfully requests that the Court grant this Motion providing leave 

for Plaintiff to serve its amended infringement contentions on or before August 31, 2023. 

Dated: August 24, 2023 Respectfully submitted,

/s/ Reza Mirzaie 

Reza Mirzaie (CA SBN 246953)

rmirzaie@raklaw.com

Neil Rubin (CA SBN 250761)

nrubin@raklaw.com

Paul A. Kroeger (CA SBN 229074)

pkroeger@raklaw.com

Philip X. Wang (CA SBN 262239)

Case 2:23-cv-00202-JRG-RSP Document 38 Filed 08/24/23 Page 2 of 5 PageID #: 961
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pwang@raklaw.com

James N. Pickens (CA SBN 307474)

jpickens@raklaw.com

Adam Hoffman (CA SBN 218740)

ahoffman@raklaw.com

Jacob Buczko (CA SBN 269408)

jbuczko@raklaw.com

Minna Chan (CA SBN 305941)

mchan@raklaw.com

Christian Conkle (CA SBN 306374)

cconkle@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Phone: (310) 826-7474

Counsel for Plaintiff XR Communications 

LLC dba Vivato Technologies 

Case 2:23-cv-00202-JRG-RSP Document 38 Filed 08/24/23 Page 3 of 5 PageID #: 962
CERTIFICATE OF SERVICE

I hereby certify that all counsel of record who are deemed to have consented to electronic 

service are being served on August 24, 2023, with a copy of this document via the Court’s CM/ECF 

system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail 

on this same date.

/s/ Reza Mirzaie

Case 2:23-cv-00202-JRG-RSP Document 38 Filed 08/24/23 Page 4 of 5 PageID #: 963
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CERTIFICATE OF CONFERENCE

I hereby certify that counsel complied with the requirements of Eastern District of Texas 

Local Rule CV-7(h). Defendants do not oppose the relief requested in the Motion.

/s/ Reza Mirzaie

Case 2:23-cv-00202-JRG-RSP Document 38 Filed 08/24/23 Page 5 of 5 PageID #: 964