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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

SYMBOLOGY INNOVATIONS, LLC

Plaintiff,

v.

VALVE CORPORATION, 

GEARBOX SOFTWARE, LLC

Defendant.

Civil Action No. 2:23-cv-419-JRG-RSP

JURY TRIAL DEMANDED

DEFENDANT VALVE CORPORATION’S MOTION TO EXPEDITE BRIEFING 

ON MOTION TO STRIKE PLAINTIFF’S THIRD AMENDED COMPLAINT

Pursuant to Local Rule CV-7(e), Defendant Valve Corporation (“Valve”) respectfully 

moves this Court for an Order expediting the briefing schedule on Valve’s Motion to Strike 

Plaintiff’s Third Amended Complaint (Dkt. No. 57) (“Motion to Strike”). Plaintiff Symbology 

Innovations, LLC (“Symbology”) opposes Valve’s Motion to Strike as well as this Motion for 

Expedited Briefing.

Valve filed a Motion to Strike on April 8, 2024. Under the Local Rules and the Court’s 

Standing Order, Plaintiff has 14 days to file a response. See Local Rule CV-7(a)(2), (e), (f). 

Under Local Rule CV-7(e) “[a]ny party may separately move for an order of this court 

lengthening or shortening the period within which a response may be filed.” 

Due to the nature of the relief sought in Valve’s Motion to Strike, Valve believes that 

expedited briefing is appropriate. Specifically, as explained in Valve’s Motion to Strike, 

Symbology violated this Court’s Venue Order (Dkt. 24) by failing to file a response to Valve’s 

motion to dismiss. Valve moved to dismiss Symbology’s original complaint, First Amended 

Complaint, and Second Amended Complaint under Rule 12(b)(3) because venue is improper in 

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this District as to Valve. Dkts. 11, 37, 45. The parties agreed to, and this Court ordered, that 

Symbology could “conduct limited, expedited venue discovery.” Dkt. 24 at 1. This Court ordered 

that, after the close of venue discovery, Symbology’s “response to the Motion to Dismiss shall 

be filed” by March 11, 2024. Dkt. 24, ¶ 7. Valve agreed to extend this deadline to March 21. 

Dkts. 48-49. Instead of complying with the Court’s order to file a response to Valve’s renewed 

motion to dismiss, Plaintiff filed its Third Amended Complaint. Dkt. 52. 

Symbology has no good cause for filing a Third Amended Complaint instead of a 

response brief as this Court ordered. The only purpose for Symbology’s failure to file a response 

in violation of this Court’s Venue Order is to delay the Court’s orderly process for timely 

resolving the issue of whether venue over Valve is proper in this District. Indeed, the Court can 

consider the entirety of Symbology’s evidence without the need to include the information in its 

operative complaint. Symbology could have, and should have, included these arguments in an 

opposition brief. Decapolis Sys., LLC v. Epic Sys. Corp., No. W-21-CV-00434-ADA, 2021 WL 

5908403, at *2 (W.D. Tex. Dec. 14, 2021) (“Plaintiff must now address the merits of the Motion 

to Dismiss. Moreover, [plaintiff’s] amendments to the venue allegations in the original complaint 

are better suited for a response to the Motion to Dismiss.”). 

The parties conducted more than three months of venue discovery. Valve produced 

numerous documents and answered written discovery requests. Symbology deposed Valve under 

Rule 30(b)(6). No additional venue discovery is contemplated or necessary. Symbology should 

not be permitted to continuously delay resolution of Valve’s motion to dismiss when the question 

of whether venue against Valve is proper in this District is ripe for briefing and adjudication. 

Therefore, Defendants respectfully request the following schedule for the briefing on 

Defendants’ Motion to Strike:

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Event Date

Opening Brief April 8, 2024

Opposition Brief April 15, 2024 

Reply Brief April 19, 2024 

Sur-Reply Brief April 22, 2024 

Dated: April 8, 2024 Respectfully submitted,

/s/ Shaun W. Hassett, with permission for 

Kathleen R. Geyer

Michael E. Jones (SBN: 10929400)

Shaun W. Hassett (SBN: 24074372)

Potter Minton

102 North College, Ste. 900

Tyler, Texas 75702

903-597-8311 (telephone)

mikejones@potterminton.com

shaunhassett@potterminton.com

Dario A. Machleidt

Kathleen R. Geyer

Christopher P. Damitio 

Kilpatrick Townsend & Stockton

1420 Fifth Avenue Suite 3700 

Seattle, WA 98101 

Telephone: (206) 467-9600 

Facsimile: (206) 623-6793 

DMachleidt@kilpatricktownsend.com

KGeyer@kilpatricktownsend.com 

CDamitio@kilpatricktownsend.com 

Attorneys for Defendant

Valve Corp.

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CERTIFICATE OF CONFERENCE

Pursuant to the Federal Rules of Civil Procedure and Local Rule CV-7(i), I hereby certify 

that, on April 4, 2024, counsel for Valve met and conferred with counsel for Plaintiff regarding 

the subject of the above motion. Plaintiff indicated that they opposed the motion.

/s/ Shaun W. Hassett

Shaun W. Hassett

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