1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. AND SPRINT CORP.,

Defendants.

Case No. 2:23-cv-00377-JRG-RSP

(Member Case Under -379 Action)

JURY TRIAL DEMANDED

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. AND SPRINT CORP.,

Defendants.

Case No. 2:23-cv-00379-JRG-RSP

(Lead Case)

JURY TRIAL DEMANDED

PLAINTIFF HEADWATER RESEARCH LLC’S SUR-REPLY TO

DEFENDANTS’ MOTION TO STAY PENDING INTER PARTES REVIEW

AND RELATED MANUFACTURER CASES

T-Mobile’s Motion is premature, and T-Mobile has failed to meet its burden to show that 

a stay is warranted. The Motion should be denied. Indeed, the Court just this morning denied a 

nearly identical motion to stay filed by the same counsel in a related case, even before Headwater 

filed its sur-reply there. See Headwater Research LLC v. Cellco P’ship, et. al, Case. No. 2:23-cv00352-JRG-RSP (“Verizon Case”), Dkt. No. 109 (“After consideration, the motion is denied as 

premature.”). The same reasoning and result should apply here.

T-Mobile’s Motion is nearly identical to Verizon’s motion to stay. Compare Dkt. No. 93

(the “Motion”) with Verizon Case, Dkt. No. 93. Verizon and T-Mobile are represented by the same 

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counsel at Gibson Dunn. Id. Headwater filed a nearly identical opposition. Compare Dkt. No. 98 

with Verizon Case, Dkt. No. 100. T-Mobile filed a nearly identical reply in support of its motion 

to stay as the reply filed by Verizon. Compare Dkt. No. 102 with Verizon Case, Dkt. No. 105.

This morning, the Court denied Verizon’s motion to stay before Headwater filed its surreply. Verizon Case, Dkt. No. 109 (“Verizon Order”).1 In that order, the Court noted that “[a]s of 

the date of this Order, the Board has still not issued a decision regarding institution of six of the 

seven IPR petitions.” Id. at 2. The same is true here. See Dkt. Nos. 93, 98, 102. In the Verizon 

Order, the Court held:

Verizon has not met its burden to show that a stay is appropriate as, 

most importantly, it did not show that the Board granted its petitions 

for IPR on all asserted patents and, therefore, claims. Since Verizon 

did not show there is a reasonable likelihood that the Board will 

invalidate all the asserted claims, its Motion fails.

Verizon Order at 3. The Court explained that this does not simplify the issues in this case, and 

“this factor is the decisive one.” Id. at 3. Because the facts and arguments raised by T-Mobile here 

are the same as those raised by Verizon, the same reasoning applies here, and the same result 

should follow.

Headwater respectfully requests that the Court deny T-Mobile’s Motion.

1 Following entry of the Verizon Order, Headwater requested that T-Mobile, represented by the 

same counsel as Verizon, stipulate that the same outcome as the Verizon Order applies here. TMobile’s counsel did not respond. Headwater likewise requested that AT&T stipulate to the same 

outcome because its motion to stay was likewise based on similar facts and arguments. AT&T 

responded and filed an Unopposed Motion to Withdraw its Opposed Motion to Stay. Headwater 

Research LLC v. AT&T Inc., et. al, Case. No. 2:23-cv-00397-JRG-RSP, Dkt. No. 81.

Case 2:23-cv-00379-JRG-RSP Document 107 Filed 11/11/24 Page 2 of 5 PageID #:

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Dated: November 8, 2024 Respectfully submitted,

/s/ Marc Fenster

Marc Fenster

CA State Bar No. 181067

Reza Mirzaie

CA State Bar No. 246953

Brian Ledahl

CA State Bar No. 186579

Ben Wang

CA State Bar No. 228712

Paul Kroeger

CA State Bar No. 229074

Neil A. Rubin

CA State Bar No. 250761

Kristopher Davis

CA State Bar No. 329627

James S. Tsuei

CA State Bar No. 285530

Philip Wang

CA State Bar No. 262239

Amy Hayden

CA State Bar No. 287026

Dale Chang

CA State Bar No. 248567

James Milkey

CA State Bar No. 281283

Jason M. Wietholter

CA State Bar No. 337139

Adam S. Hoffman

CA State Bar No. 218740 

Qi Tong

TX State Bar No. 24119042

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Telephone: 310-826-7474

headwater@raklaw.com 

Case 2:23-cv-00379-JRG-RSP Document 107 Filed 11/11/24 Page 3 of 5 PageID #:

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Andrea L. Fair

TX State Bar No. 24078488

MILLER FAIR HENRY PLLC

1507 Bill Owens Parkway 

Longview, Texas 75604 

Telephone: 903-757-6400 

andrea@millerfairhenry.com

ATTORNEYS FOR PLAINTIFF,

Headwater Research LLC

Case 2:23-cv-00379-JRG-RSP Document 107 Filed 11/11/24 Page 4 of 5 PageID #:

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CERTIFICATE OF SERVICE

I hereby certify that on November 8, 2024, I served Defendants via electronic mail.

/s/ Jason Wietholter

Jason Wietholter

Case 2:23-cv-00379-JRG-RSP Document 107 Filed 11/11/24 Page 5 of 5 PageID #:

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