Page | 1

THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

SYMBOLOGY INNOVATIONS, LLC,

Plaintiff,

v.

VALVE CORPORATION,

GEARBOX SOFTWARE, L.L.C.,

Defendants.

 CASE NO. 2:23-cv-419-JRG-RSP

 JURY TRIAL DEMANDED

PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE

TO CONDUCT EXPEDITED VENUE DISCOVERY AND 

EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS

Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26(d)(1), Plaintiff 

Symbology Innovations, LLC (“Symbology” or “Plaintiff) hereby moves for leave to conduct

limited, expedited venue discovery in this matter, and for an extension of time to respond to 

Defendant Valve Corporation’s (“Defendant” or “Valve”) Motion to Dismiss (Dkt. No. 11).

Valve filed its Motion to Dismiss under 28 U.S.C. § 1406 and Fed. R. Civ. P. 12(b)(3) on 

November 6, 2023. The parties dispute whether Valve has a regular and established place of 

business in this District and whether venue is proper in the Eastern District of Texas under TC 

Heartland and In re Cray. The Parties have conferred, and Valve does not oppose the motion to 

conduct venue discovery consistent with the proposals outlined below. 

Furthermore, on November 22, 2023, the Plaintiffs served complaints against Valve in 

Social Position Input Systems v. Valve Corp. et al., case No. 23-425 (E.D. Tex. Sept. 18, 2023);

Case 2:23-cv-00419-JRG Document 23 Filed 12/09/23 Page 1 of 4 PageID #: 180
Page | 2

and Quantum Technology Innovations v. Valve Corp. et al., Case No. 23-422 (E.D. Tex. Sept. 

18, 2023). Collectively, the three plaintiffs in these cases (Symbology, Social Positioning Input 

Systems, and Quantum Technology Innovations) are owned in their entirety by Patent Asset 

management, LLC and are represented in their cases against Valve by the same undersigned 

counsel. Each of the venue allegations in the complaints filed by Symbology, Social Positioning 

Input Systems, and Quantum Technology Innovations are substantively identical, and Valve 

disputes that venue is proper in this District for any of the three cases.

Accordingly, to promote efficiency and conserve judicial resources, the parties hereby 

stipulate that the venue discovery proposals below will be applied to all three cases. The parties 

further stipulate that the arguments made in Valve’s Motion to Dismiss in the above-captioned 

case (Case No. 23-419, Dkt. No. 11), Plaintiff’s Response, and any subsequent briefing be 

applied with equal force to all three cases.

The Parties have also agreed upon the scope of venue discovery detailed herein. The

proposed discovery is narrowly focused to resolve the Parties’ dispute. Symbology also maintains

that good cause existsfor the Court to grant this motion, and that it is not broughtfor any improper

purpose, or to unnecessarily delay this action. See Uniloc USA, Inc. v. Apple Inc., No. 2:17-CV00258-JRG, 2017 U.S. Dist. LEXIS 126523, at *3 (E.D. Tex. July 21, 2017) (granting motion 

for expedited venue discovery); Blitzsafe Tex. LLC v. Mitsubishi Elec. Corp., No. 2:17-CV00430-JRG, 2019 U.S. Dist. LEXIS 86350, *15 (E.D. Tex. May 22, 2019). 

Accordingly, Symbology requests that the Court exercise its broad discretion to allow it 

to conduct limited, expedited venue-related discovery, and stay the due date for Plaintiff’s 

Response to Valve’s Rule 12(b)(3) motion to dismiss as follows:

1. Venue-related discovery shall be completed within seventy-five (75) days of the 

Case 2:23-cv-00419-JRG Document 23 Filed 12/09/23 Page 2 of 4 PageID #: 181
Page | 3

issuance of an Order permitting venue-related discovery;

2. Venue related discovery shall be limited to the issues raised in Valve’s Motion to 

Dismiss and associated exhibits, information and Valve ties to the Eastern District of 

Texas.

3. Symbology may serve no more than five (5) interrogatories and ten (10) document 

requests to Valve Corporation by December 15, 2023;

4. Valve shall respond to Symbology’s discovery requests and produce, subject to 

Valve’s objections, responsive documents, if any, by January 20, 2024;

5. Symbology may conduct a Rule 30(b)(6) deposition of Valve, solely related to the 

topics in paragraph 2, limited to five (5) hourstotal on the record on or before January 

27, 2024;

6. The foregoing discovery shall not count toward the discovery limits set forth in

Court’s standing Discovery Order; and

7. Symbology’s response to the Motion to Dismiss shall be filed within 15 days of 

issuance of the final transcript of the referenced Rule 30(b)(6) deposition, or 

within 89 days of the issuance of an Order permitting venue-related discovery, 

whichever is the later.

Dated: December 1, 2023 Respectfully Submitted,

/s/ Randall Garteiser

Christopher A. Honea

 Texas Bar No. 24059967

 chonea@ghiplaw.com

Randall Garteiser

 Texas Bar No. 24038912

 rgarteiser@ghiplaw.com

M. Scott Fuller

 Texas Bar No. 24036607

 rgarteiser@ghiplaw.com

GARTEISER HONEA, PLLC

119 W. Ferguson Street

Tyler, Texas 75702

Telephone: (903) 705-7420

Facsimile: (903) 405-3999

COUNSEL FOR PLAINTIFF

Case 2:23-cv-00419-JRG Document 23 Filed 12/09/23 Page 3 of 4 PageID #: 182
Page | 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on this December 9, 2023, I caused to be electronically-filed the

foregoing document with the Clerk of Court using the Court’s CM/ECF system. As such, this 

document was served on all counsel who are deemed to have consented to electronic service.

/s/ Randall Garteiser

Randall Garteiser

CERTIFICATE OF CONFERENCE

This motion is unopposed. Pursuant to Eastern District of Texas Local Rule CV-7(i), 

counsel has complied with the meet and confer requirement in Local Rule CV-7(h). The Parties

met and conferred on the phone on December 4, 2023, to discuss the relief requested in this 

Motion.

/s/ Randall Garteiser

Randall Garteiser

Case 2:23-cv-00419-JRG Document 23 Filed 12/09/23 Page 4 of 4 PageID #: 183