Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 1 of 23 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS 2 HOUSTON DIVISION 3 *************************************************************** 4 OBM, INC. 4:23-CV-01798 5 VS. HOUSTON, TEXAS 6 7 LANCIUM LLC SEPTEMBER 14, 2023 8 *************************************************************** 9 TRANSCRIPT OF MOTION HEARING PROCEEDINGS 10 HEARD BEFORE THE HONORABLE KEITH P. ELLISON UNITED STATES DISTRICT JUDGE 11 *************************************************************** 12 13 APPEARANCES: 14 FOR THE PLAINTIFF: MR. RODNEY R. MILLER MR. PRESTON H. HEARD 15 Womble Bond Dickinson (US) LLP 271 17th Street, NW 16 Suite 2400 Atlanta, Georgia 30363 17 MR. JAMES E. DORITY 18 Womble Bond Dickinson (US) LLP 550 South Main Street 19 Suite 400 Greenville, SC 29601 20 MR. ANDREW BEVERINA 21 Womble Bond Dickinson (US) LLP 2001 K Street NW 22 Suite 400 South Washington, DC 20006 23 24 Proceedings recorded by mechanical stenography, 25 transcript produced via computer. Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 2 of 23 2 1 FOR THE DEFENDANT: MR. CRAIG D. LEAVELL MR. BRUCE H. RATAIN 2 Barnes & Thornburg LLP One North Wacker Drive 3 Suite 4400 Chicago, Illinois 60606-2833 4 5 MR. DANIEL ANTHONY VALENZUELA Barnes & Thornburg LLP 6 2121 North Pearl Street Suite 700 7 Dallas, Texas 75201 8 9 Official Court Reporter: Lanie M. Smith, CSR, RMR, CRR Official Court Reporter 10 United States District Court Southern District of Texas 11 515 Rusk Room 8004 12 Houston, Texas 77002 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 3 of 23 3 1 P R O C E E D I N G S 2 THE COURT: Good afternoon and welcome. We're on the 3 record in OBM versus Lancium. This is Keith Ellison. 4 We'll take appearances of counsel beginning with 03:30PM 5 OBM, please. 6 MR. MILLER: Thank you, Your Honor. Good afternoon, 7 Your Honor. This is Rodney Miller of Womble Bond Dickinson on 8 behalf of OBM, and I also have on the line Preston Heard, 9 James Dority and Andrew Beverina. 03:31PM 10 THE COURT: Welcome to all of you. 11 For defendant? 12 MR. VALENZUELA: Good afternoon, Your Honor. This is 13 Daniel Valenzuela with Barnes & Thornburg and with me on the 14 line will be Craig Leavell and also Bruce Ratain from 03:31PM 15 Barnes & Thornburg as well. 16 THE COURT: Welcome to all of you, too. 17 Okay. We're here on defendant's motion to 18 dismiss. You can assume I've read the papers. 19 Would you like to add to what's in the papers on 03:31PM 20 your motion to dismiss? 21 MR. LEAVELL: Your Honor, on behalf of Lancium, we're 22 happy to answer any questions. I'll briefly step through a 23 couple of key points if you don't mind. 24 THE COURT: That's fine. 03:31PM 25 MR. LEAVELL: Great. Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 4 of 23 4 1 Well, first of all, as it's clear and OBM doesn't 2 dispute, it is OBM's burden to establish that there's 3 declaratory judgment or subject matter jurisdiction for their 4 complaint; and the standard, we agree, is set forth in the 03:31PM 5 MedImmune case, which requires a substantial controversy of 6 sufficient immediacy and reality to warrant the Court's 7 involvement for a declaratory judgment. And that analysis has 8 to be based on objective facts, not subjective fears by an 9 unreasonable declaratory judgment. 03:32PM 10 And here, based on OBM's papers, if their fear 11 was, in fact, genuine, it was entirely unreasonable under the 12 entirety of the circumstances. There was no allegation of 13 infringement of any particular patent, much less the patent at 14 issue and there was absolutely no threat of litigation at all, 03:32PM 15 much less an immediate or imminent threat of litigation. 16 There is one letter in which Lancium discussed 17 its patents, but there are a lot of reasons for patent owners 18 to be proud of their patents, to promote their patents; and if 19 you're a small company like Lancium that's looking to secure 03:33PM 20 lucrative collaborative arrangements with other small 21 companies, patents are important. They're an indication that 22 you're an innovative company and that you're worthy of 23 collaborating with. 24 And the letter that Lancium sent on its face very 03:33PM 25 clearly talks about the desire to continue the collaboration Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 5 of 23 5 1 that the parties have been discussing for at least 18 months, 2 if not two years at that point. 3 And the objective contemporaneous documents -- 4 and there's a lot of e-mails and a lot of text messages 03:33PM 5 submitted by both sides -- show honest interest in a 6 collaborative effort between the parties to make money and 7 there was money to be made, a lot more money than is going to 8 be made through a lawsuit and especially once lawyers' fees and 9 litigation is involved. 03:34PM 10 Simply put, Lancium was only interested in a 11 collaborative agreement where the parties could make money and 12 right up to the day -- two days before the lawsuit was filed 13 and the week, the two weeks leading up to the lawsuit, which 14 was filed by surprise, even OBM's CEO, Mr. Lawrence admits in 03:34PM 15 his declaration that he was agreeing to meetings, he was 16 promising to get back and to have deliverables such as 17 nondisclosure agreements to continue the business discussions 18 and he was encouraging Lancium to continue to explore a 19 business relationship. And those communications were taking 03:34PM 20 place right up to two days before the lawsuit was filed. 21 And there's case law we cite in our brief, the 22 Communications Test Design case, and there are others, that 23 make it very clear that you can't pretend to be continuing 24 business discussions. You can't be promising to meet to 03:35PM 25 further those discussions and promising to deliver further Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 6 of 23 6 1 information in furtherance of that collaboration and then file 2 a DJ complaint and pull the rug out from under those 3 discussions. 4 There are cases that -- where the declaratory 03:35PM 5 judgment plaintiff argued and the court found that those 6 discussions were futile and there was no further need for any 7 discussions. But the cases are clear and the cases cited by 8 OBM are in the context of ongoing licensing or settlement 9 discussions. 03:35PM 10 It's true that if two parties are talking about 11 infringement with clear allegations of infringement and they've 12 been negotiating over a license agreement for months or weeks 13 or a settlement terms for that patent infringement allegation, 14 then, yes, of course at some point if those discussions become 03:36PM 15 futile, then either party is entitled to run in to court and 16 seek the Court's assistance; however, that's not what was going 17 on here. 18 The parties' own documents show they were not 19 talking about license agreements or settlement agreements. 03:36PM 20 Those were never discussed. They were talking about a business 21 proposal. And those business discussions were not futile, they 22 were ongoing the week before the lawsuit was filed. The 23 parties were talking about their weekends and what they did. 24 They were talking about excitement over the opportunity. And 03:36PM 25 even Lancium's or OBM's own CEO says that the type of Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 7 of 23 7 1 arrangement that was being discussed would not cause him any 2 indigestion. 3 Those are the contemporaneous objective facts 4 that are shown by the documents themselves that have been put 03:37PM 5 into the record. And even the declarations by Mr. Lawrence 6 admit that he was in discussions and was encouraging further 7 discussions right up to the days before the lawsuit was filed. 8 THE COURT: Okay. Thank you very much. 9 Let me hear from the other side. 03:37PM 10 MR. MILLER: Good afternoon again, Your Honor. 11 Rodney Miller here on behalf of OBM. 12 As stated in OBM's declaratory judgment action 13 and also reiterated multiple times in our briefing, Lancium is, 14 to us, mischaracterizing the business -- alleged business -- 03:37PM 15 ongoing business discussions that they're alleging took place 16 between the parties. And based on -- I'm going through the -- 17 based on the objective factors that I'm going to discuss and 18 the totality of circumstances, it is truly our position that we 19 are at a crossroads and we need some type of resolution from 03:38PM 20 the Court in order for our client to safely move forward 21 with -- 22 THE COURT: What points have you not reached resolution 23 or reached some kind of comfort? 24 MR. MILLER: So in November -- that's one of the issues 03:38PM 25 that we have going on. November the 12th, Mr. Lawrence, he Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 8 of 23 8 1 provided a declaration and he's adamant that Lancium -- during 2 the discussions, Lancium stated that his customers could be 3 infringing the Lancium patents. And that was the true start of 4 what -- the back-and-forth between the two parties. 03:39PM 5 And after that -- after that conversation, 6 Mr. Lawrence immediately called his counsel, he called his 7 attorneys. He called us over at Womble. And after that, 8 Mr. Lawrence, as discussed in his declaration, was having 9 conversations with Lancium. But in those conversations, he was 03:39PM 10 basically trying to prevent what we have going on right now. 11 And what happened? After Lancium -- Lancium 12 reached out to him multiple times and for two or three 13 different occasions, Mr. Lawrence did not respond and on 14 April the 3rd, he then receives a letter -- a letter not from a 03:40PM 15 lawyer who wants to discuss business terms, not from some 16 corporate attorney, he receives a letter from litigation 17 counsel -- IP litigation counsel. 18 And in that letter, they identify the Foreman 19 software, my client's product; they say that that product could 03:40PM 20 relate to Lancium's patents; and then they include in an 21 attachment the patent. 22 And in our briefing on top of -- due to prior 23 conversations, in our briefing we just wanted to point the 24 judge back to Hewlett-Packard versus Acceleron. 03:40PM 25 What's very interesting in that letter -- the Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 9 of 23 9 1 attorneys were really great at drafting the letter and not 2 using certain magic words or specifically stating, hey, you 3 infringed, but they do present -- again, present the patent; 4 they compare the patent to the product. 03:41PM 5 And what happens next? My client is worried, as 6 stated in his declaration, he doesn't know what's going to 7 happen next. So what does he do? He reaches out to Lancium. 8 Per the instructions in the letter, he reaches out to Lancium 9 to try to discuss some type of business deal. And in those 03:41PM 10 discussions, Lancium proposed terms and in those terms that 11 they proposed were from him -- they were unreasonable terms 12 because those terms would have prevented him from practicing in 13 the field that he wanted to practice in. 14 And that's where we are, Your Honor. We have -- 03:41PM 15 Lancium, they do a really good job of discussing or talking 16 about the small communications or the fact that my client tries 17 to be friendly and tries to be respectful, they somehow use 18 that as a way of ignoring the severity of what's going on, 19 ignoring the fact that their client has a history of suing 03:42PM 20 other companies as it relates to this patent; ignoring the fact 21 that they did, in fact, tell my client that his customers who 22 were using Foreman could be infringing; the fact that based 23 even on their briefing, that they have this belief that their 24 patent somehow covers this broad range of ERCOT Demand Response 03:42PM 25 CLR function standards that have been going on in Texas for a Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 10 of 23 10 1 number of years. And they somehow, even through conversations 2 with my client, they've had a history of trying to corner that 3 market. So -- 4 THE COURT: Let's go through your individual 03:43PM 5 allegations. 6 You made the point that Lancium has filed two 7 infringement lawsuits against software companies, but hadn't it 8 been made clear in the cases that -- that prior lawsuits is not 9 generally one of the more telling indicia of a need for 03:43PM 10 declaratory judgment suit? I think I have one case I'm 11 familiar with where I held that. 12 MR. MILLER: Your Honor -- I'm sorry. 13 THE COURT: Other declaratory judgments have had 14 extensive history of patent litigation with their adversaries 03:43PM 15 and here we're only talking about two lawsuits in three years, 16 right? 17 MR. MILLER: That's correct, Your Honor. But I say 18 from that, I look at the totality of the circumstances. I look 19 at, as stated in our declaratory judgment action, these are -- 03:44PM 20 the back-and-forth has been going on for quite some time. 21 So it is not just the -- we're not looking at the 22 litigation history of Lancium by itself. We're looking at the 23 litigation history of Lancium, in addition to the letter that 24 was provided to him from litigation counsel, in addition to the 03:44PM 25 threat of his customers somehow potentially infringing the Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 11 of 23 11 1 Lancium patents that were stated in the meeting in November. 2 THE COURT: And Innovative Therapies case, the Federal 3 Circuit said, quote, "Prior litigation is a circumstance to be 4 considered in assessing the totality of the circumstances," end 03:45PM 5 quote. 6 Infringement suits against other parties do not 7 establish declaratory judgment jurisdiction unless there's some 8 additional suit, threatening act, directed towards the 9 declaratory judgment plaintiff. 03:45PM 10 I just don't think 2020 and 2020 suits are 11 sufficient. 12 And there's a statement that Foreman could be 13 infringing. The Federal Circuit in the same case said that 14 informal conversations where a patentee has not seen and 03:45PM 15 evaluated plaintiff's product for infringement do not 16 constitute a threat. 17 I think if we bring each one of these down, 18 they're all, I think, insufficient. The totality might be 19 sufficient, but Lancium's letter to OBM identified the patent 03:46PM 20 in OBM's product line. It doesn't really -- it didn't impose a 21 response deadline or included detailed infringement analysis or 22 use more aggressive language than that, did it? 23 MR. MILLER: The letter -- I point you, again, 24 Your Honor, to the HP versus Acceleron case. The letter was 03:46PM 25 drafted in a way where the letter asked the client to ask our Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 12 of 23 12 1 client -- if they said, hey, I understand my client -- quote, 2 "I understand my client has attempted to reach out to you 3 numerous times to discuss your software, but you have not 4 responded," end quote. 03:46PM 5 And the letter asked for my client to reach out 6 to Mr. Rock. And when my client reached out to Mr. Rock, 7 Lancium -- they delayed discussions afterwards. 8 And after a month -- after a month of delay and 9 during that time Mr. Lawrence, my client, again, asked for them 03:47PM 10 to provide terms, they delayed more and then we ended up 11 having -- Womble -- we ended up having to send a letter on our 12 own a month later that stated that we did not infringe -- our 13 client did not infringe. 14 The next day or a few days thereafter, Lancium 03:47PM 15 did have another meeting with my client. And during that 16 meeting, they stated that again they didn't want -- they didn't 17 want to have to -- I'm trying to get the exact quote from 18 here -- but they were trying to avoid litigation for both 19 parties. 03:48PM 20 THE COURT: Lancium has been quiet for a while. 21 Anything you want to add? Lancium, is there anything you would 22 like to add? 23 MR. LEAVELL: Yes. Thank you, Your Honor. Just very 24 briefly, the HP case that they rely on heavily, the patent 03:48PM 25 owner in that case was a nonpracticing entity -- an entity who Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 13 of 23 13 1 solely existed for suing for patent infringement, had no other 2 business and that's all they did. 3 And their letter that they sent in the HP case 4 demanded a response in two weeks and had a very detailed 03:48PM 5 analysis of how the infringement occurred. 6 That's a very different letter. That's very 7 different circumstances than the situation here where Lancium 8 is not a patent troll, they're not a nonpracticing entity, 9 they're not in the business of suing people. They're in the 03:48PM 10 business of controlling data centers. 11 You're correct that the two prior suits -- two 12 suits in three years is not a lot; but if you look even deeper, 13 they're very different defendants, very different situations, 14 where there were numerous letters that Lancium sent with 03:49PM 15 detailed allegations that express an explicit allegation of 16 infringement and those letters were ignored for months before 17 Lancium had no choice but to sue those defendants. 18 Here, Lancium sent a letter without any threat, 19 without any allegation, with no analysis of infringement, no 03:49PM 20 deadline for a response, and an express invitation to continue 21 the collaboration discussions. 22 A month later -- it took OBM one month to respond 23 to that letter and say they had no intention of infringing our 24 patent. That was their formal position. And then they sued 03:49PM 25 two weeks later. It took them a month to respond to our Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 14 of 23 14 1 letter. They sent a letter, and then two weeks later filed 2 their lawsuit. 3 And without ever even -- all this concern, all 4 this fear -- I don't mean to be -- I don't mean to joke, 03:50PM 5 Your Honor; and this isn't really a joke, but it makes me think 6 of, you know, a couple that's just not communicating. 7 If OBM had these concerns and they were worried 8 about litigation threats, they could have said something and 9 Lancium could have explained exactly what they're thinking 03:50PM 10 which is no, no, no. We want to collaborate. Look at this 11 opportunity. They never mentioned this to Lancium and to allow 12 them to run to Court and drag Lancium into court against its 13 will to spend perhaps millions of dollars to litigate a patent, 14 that Lancium had no intention of enforcing or filing a lawsuit 03:50PM 15 at this time is just -- because OBM couldn't speak up and say, 16 hey, what is this? What do you mean? Is there an issue? Are 17 we going to partner, or are you going to sue us? 18 That's all they had to do is open a dialogue, and 19 they didn't. It's a lack of communication, it's unreasonable, 03:51PM 20 and there's nothing that Lancium did under the totality of the 21 circumstances, under the controlling law can support the 22 jurisdiction. 23 And then finally I'll just mention that there is 24 a discretionary element. I don't think it's a close case, 03:51PM 25 Your Honor; but if it is a close case, then the Court should Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 15 of 23 15 1 exercise its discretion because what the Court needs to 2 incentivize parties in this situation to do is to communicate 3 and work out these issues, not run to court. It's clear from 4 Lancium's point of view -- and what looks like to Lancium is 03:51PM 5 OBM is on a mission to promote itself as some sort of 6 anti-patent savior and they've got funding behind them. 7 They've got petroleum companies that are paying for them to 8 challenge patents and Lancium patents and they want to position 9 themselves in the industry as some sort of white hat savior 03:52PM 10 against patents. 11 Well, patents are important and they go back to 12 the constitution. And the balance that the constitution and 13 the patent laws strike is that the monopoly granted by patents 14 is to strike a balance to encourage that innovation and to 03:52PM 15 encourage research and development. That's what Lancium has 16 done and this sort of trickery with the ongoing promises, the 17 discussions and promises of meetings only to file suit and pull 18 that under the rug is not something that should be encouraged 19 by the courts. 03:52PM 20 THE COURT: Lancium says, "We're both trying to avoid 21 litigation." That doesn't seem threatening. 22 You both make good arguments and I can tell 23 you're both very experienced in the field, but I'm afraid I 24 just don't see the predicate here for federal jurisdiction. 03:53PM 25 And it does seem like y'all have the potential to Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 16 of 23 16 1 resolve whatever your differences are. With lawyers as skilled 2 as you guys and I'm sure possessed of substantial drafting 3 experience, I think you could work it out; but I'm going to 4 have to grant the motion to dismiss. 03:53PM 5 Thank you all very much. 6 (The proceedings were adjourned.) 7 * * * * 8 REPORTER'S CERTIFICATE 9 I, Lanie M. Smith, CSR, RMR, CRR, Official Court Reporter, United States District Court, Southern District 10 of Texas, do hereby certify that the foregoing is a true and correct transcript, to the best of my ability and 11 understanding, from the record of the proceedings in the above-entitled and numbered matter. 12 13 /s/ Lanie M. Smith_______ Official Court Reporter 14 15 16 17 18 19 20 21 22 23 24 25 Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 17 of 23 17 / 14:1, 14:5, 14:6, 14:13, 14:14, 14:18, Andrew [1] - 3:9 14:19, 14:24, 14:25, 15:5, 15:14, 16:10 another [1] - 12:15 /s [1] - 16:13 ability [1] - 16:10 answer [1] - 3:22 about [9] - 4:25, 6:10, 6:19, 6:20, 6:23, ANTHONY [1] - 2:5 1 6:24, 9:16, 10:15, 14:8 anti [1] - 15:6 above [1] - 16:11 anti-patent [1] - 15:6 12th [1] - 7:25 above-entitled [1] - 16:11 any [6] - 3:22, 4:13, 6:6, 7:1, 13:18, 14 [1] - 1:7 absolutely [1] - 4:14 13:19 17th [1] - 1:15 Acceleron [2] - 8:24, 11:24 anything [2] - 12:21 18 [1] - 5:1 act [1] - 11:8 appearances [1] - 3:4 action [2] - 7:12, 10:19 APPEARANCES [1] - 1:13 2 adamant [1] - 8:1 April [1] - 8:14 add [3] - 3:19, 12:21, 12:22 are [18] - 4:17, 4:21, 5:22, 6:4, 6:7, 6:8, 20006 [1] - 1:22 addition [2] - 10:23, 10:24 6:10, 7:3, 7:4, 7:19, 9:14, 10:19, 11:10, 2001 [1] - 1:21 additional [1] - 11:8 14:16, 14:17, 15:7, 15:11, 16:1 2020 [2] - 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8:19 D [2] - 2:1, 3:1 done [1] - 15:16 close [2] - 14:24, 14:25 Dallas [1] - 2:7 DORITY [1] - 1:17 CLR [1] - 9:25 Daniel [1] - 3:13 Dority [1] - 3:9 collaborate [1] - 14:10 DANIEL [1] - 2:5 down [1] - 11:17 collaborating [1] - 4:23 data [1] - 13:10 drafted [1] - 11:25 Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 19 of 23 19 drafting [2] - 9:1, 16:2 fees [1] - 5:8 has [8] - 4:7, 9:19, 10:6, 10:20, 11:14, drag [1] - 14:12 few [1] - 12:14 12:2, 12:20, 15:15 Drive [1] - 2:2 field [2] - 9:13, 15:23 hat [1] - 15:9 due [1] - 8:22 file [2] - 6:1, 15:17 have [20] - 3:8, 5:1, 5:16, 7:4, 7:22, during [3] - 8:1, 12:9, 12:15 filed [7] - 5:12, 5:14, 5:20, 6:22, 7:7, 7:25, 8:10, 9:12, 9:14, 9:23, 9:25, 10:6, 14:1 10:10, 10:13, 12:3, 12:15, 12:17, 14:8, E filing [1] - 14:14 14:9, 15:25, 16:4 finally [1] - 14:23 having [3] - 8:8, 12:11 e [1] - 5:4 fine [1] - 3:24 he [15] - 5:15, 5:18, 7:6, 7:25, 8:6, 8:7, E [3] - 1:17, 3:1 first [1] - 4:1 8:9, 8:14, 8:16, 9:6, 9:7, 9:8, 9:13 e-mails [1] - 5:4 FOR [2] - 1:14, 2:1 he's [1] - 8:1 each [1] - 11:17 for [24] - 3:11, 4:3, 4:7, 4:17, 5:1, 6:6, hear [1] - 7:9 effort [1] - 5:6 6:12, 6:13, 7:20, 8:12, 9:25, 10:9, HEARD [2] - 1:10, 1:14 either [1] - 6:15 10:20, 11:15, 12:5, 12:9, 12:18, 12:20, Heard [1] - 3:8 element [1] - 14:24 13:1, 13:16, 13:20, 15:7, 15:24 HEARING [1] - 1:9 Ellison [1] - 3:3 foregoing [1] - 16:10 heavily [1] - 12:24 ELLISON [1] - 1:10 Foreman [3] - 8:18, 9:22, 11:12 held [1] - 10:11 encourage [2] - 15:14, 15:15 formal [1] - 13:24 here [9] - 3:17, 4:10, 6:17, 7:11, 10:15, encouraged [1] - 15:18 forth [3] - 4:4, 8:4, 10:20 12:18, 13:7, 13:18, 15:24 encouraging [2] - 5:18, 7:6 forward [1] - 7:20 hereby [1] - 16:10 end [2] - 11:4, 12:4 found [1] - 6:5 Hewlett [1] - 8:24 ended [2] - 12:10, 12:11 friendly [1] - 9:17 Hewlett-Packard [1] - 8:24 enforcing [1] - 14:14 from [14] - 3:14, 6:2, 7:9, 7:19, 8:14, hey [3] - 9:2, 12:1, 14:16 entirely [1] - 4:11 8:15, 8:16, 9:11, 9:12, 10:18, 10:24, him [5] - 7:1, 8:12, 9:11, 9:12, 10:24 entirety [1] - 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14:9 good [6] - 3:2, 3:6, 3:12, 7:10, 9:15, I [21] - 3:1, 3:8, 10:10, 10:11, 10:17, explicit [1] - 13:15 15:22 10:18, 11:10, 11:17, 11:18, 11:23, 12:1, explore [1] - 5:18 got [2] - 15:6, 15:7 12:2, 14:4, 14:24, 15:22, 15:23, 16:3, express [2] - 13:15, 13:20 grant [1] - 16:4 16:9 extensive [1] - 10:14 granted [1] - 15:13 I'll [2] - 3:22, 14:23 great [2] - 3:25, 9:1 I'm [8] - 7:16, 7:17, 10:10, 10:12, Greenville [1] - 1:19 12:17, 15:23, 16:2, 16:3 F I've [1] - 3:18 guys [1] - 16:2 face [1] - 4:24 identified [1] - 11:19 fact [6] - 4:11, 9:16, 9:19, 9:20, 9:21, H identify [1] - 8:18 9:22 if [11] - 3:23, 4:10, 4:18, 5:2, 6:10, factors [1] - 7:17 H [2] - 1:14, 2:1 6:14, 11:17, 12:1, 13:12, 14:7, 14:25 facts [2] - 4:8, 7:3 had [9] - 10:2, 10:13, 13:1, 13:4, 13:17, ignored [1] - 13:16 familiar [1] - 10:11 13:23, 14:7, 14:14, 14:18 ignoring [3] - 9:18, 9:19, 9:20 fear [2] - 4:10, 14:4 hadn't [1] - 10:7 Illinois [1] - 2:3 fears [1] - 4:8 happen [1] - 9:7 immediacy [1] - 4:6 federal [1] - 15:24 happened [1] - 8:11 immediate [1] - 4:15 Federal [2] - 11:2, 11:13 happens [1] - 9:5 immediately [1] - 8:6 happy [1] - 3:22 imminent [1] - 4:15 Case 4:23-cv-01798 Document 31 Filed on 02/14/24 in TXSD Page 20 of 23 20 important [2] - 4:21, 15:11 James [1] - 3:9 licensing [1] - 6:8 impose [1] - 11:20 job [1] - 9:15 like [5] - 3:19, 4:19, 12:22, 15:4, 15:25 in [53] - 3:3, 3:19, 4:4, 4:11, 4:16, 5:5, joke [2] - 14:4, 14:5 line [3] - 3:8, 3:14, 11:20 5:10, 5:14, 5:21, 6:1, 6:8, 6:15, 7:6, judge [1] - 8:24 litigate [1] - 14:13 7:12, 7:13, 7:20, 7:24, 8:8, 8:9, 8:18, JUDGE [1] - 1:10 litigation [13] - 4:14, 4:15, 5:9, 8:16, 8:20, 8:22, 8:23, 8:25, 9:6, 9:8, 9:9, judgment [9] - 4:3, 4:7, 4:9, 6:5, 7:12, 8:17, 10:14, 10:22, 10:23, 10:24, 11:3, 9:10, 9:12, 9:13, 9:21, 9:25, 10:8, 10:10, 10:19, 11:7, 11:9 12:18, 14:8, 15:21 10:15, 10:19, 10:23, 10:24, 11:1, 11:4, judgments [1] - 10:13 LLC [1] - 1:7 11:13, 11:20, 11:25, 12:25, 13:3, 13:4, jurisdiction [4] - 4:3, 11:7, 14:22, LLP [5] - 1:15, 1:18, 1:21, 2:2, 2:5 13:9, 13:12, 15:2, 15:9, 15:23, 16:11 15:24 look [4] - 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8:13 patents [12] - 4:17, 4:18, 4:21, 8:3, Ratain [1] - 3:14 occurred [1] - 13:5 8:20, 11:1, 15:8, 15:10, 15:11, 15:13 RATAIN [1] - 2:1 of [70] - 2:10, 3:4, 3:7, 3:8, 3:10, 3:16, paying [1] - 15:7 reach [2] - 12:2, 12:5 3:21, 3:23, 4:1, 4:5, 4:12, 4:13, 4:14, Pearl [1] - 2:6 reached [4] - 7:22, 7:23, 8:12, 12:6 4:15, 4:17, 4:18, 4:22, 5:4, 6:1, 6:8, people [1] - 13:9 reaches [2] - 9:7, 9:8 6:11, 6:14, 6:25, 7:11, 7:18, 7:19, 7:23, per [1] - 9:8 read [1] - 3:18 7:24, 8:3, 8:22, 9:9, 9:15, 9:18, 9:19, perhaps [1] - 14:13 reality [1] - 4:6 9:24, 10:1, 10:2, 10:9, 10:14, 10:18, petroleum [1] - 15:7 really [4] - 9:1, 9:15, 11:20, 14:5 10:22, 10:23, 10:25, 11:4, 11:17, 12:8, place [2] - 5:20, 7:15 reasons [1] - 4:17 13:5, 13:9, 13:10, 13:15, 13:19, 13:23, PLAINTIFF [1] - 1:14 receives [2] - 8:14, 8:16 14:6, 14:13, 14:14, 14:19, 14:20, 15:4, plaintiff [2] - 6:5, 11:9 record [3] - 3:3, 7:5, 16:11 15:5, 15:9, 15:16, 15:17, 16:2, 16:10, plaintiff's [1] - 11:15 recorded [1] - 1:24 16:10, 16:11 please [1] - 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