`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SISVEL INTERNATIONAL S.A.,
`and 3G LICENSING S.A.,
`
`v.
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`DELL, INC.,
`
`Plaintiffs,
`
`Defendant.
`
`Civil Action No. 1:19-cv-01247-LPS
`
`JOINT STATUS REPORT REGARDING DEFENDANT’S MOTION TO DISMISS
`PURSUANT TO COURT ORDER (D.I. 19)
`
`Plaintiffs Sisvel International S.A. and 3G Licensing S.A. (“Sisvel”), and Defendant Dell,
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`Inc. (“Dell”) hereby submit this Joint Status Report pursuant to the Court’s Order dated February
`
`18, 2020 (D.I. 19).
`
`On November 12, 2019 Dell filed a motion to dismiss Sisvel’s First Amended Complaint
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`pursuant to Rule 12(b)(6). (D.I. 12). On February 7, 2020, in four related cases pending in this
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`District, Judge Noreika granted without prejudice motions to dismiss pursuant to Rule 12(b)(6)
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`and permitted Sisvel to file amended complaints within 21 days. See, e.g., Sisvel International
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`S.A. v. Cradlepoint, Inc., C.A. No. 19-1142-MN, Sisvel International S.A. v. Honeywell
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`International, Inc., C.A. No. 19-1143-MN, Sisvel International S.A. v. Verifone Systems, Inc., C.A.
`
`No. 19-1144-MN, Sisvel International S.A. v. Xirgo Technologies, LLC, C.A. No. 19-1145-MN.
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`This Court issued an order instructing the parties to file a Status Report indicating whether the
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`parties in this action would object to the entry of an order equivalent to Judge Noreika’s in this
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`case related to Dell’s pending motion (D.I. 12).
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`Following a meet and confer, the parties agree on the following proposed procedure for
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`Sisvel’s filing of an amended complaint, subject the Court’s approval. First, Sisvel will submit a
`
`
`
`Case 1:19-cv-01247-LPS Document 20 Filed 02/21/20 Page 2 of 2 PageID #: 616
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`proposed amended complaint to Dell on or before March 13, 2020. Dell will then notify Sisvel
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`whether it has any objection to the proposed amended complaint, and the parties will meet and
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`confer in an attempt to reach an agreement on the filing of the amended complaint. On or before
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`March 27, 2020, the parties will notify the Court regarding the status of the parties’ discussions
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`including whether there is any dispute remaining regarding the filing of an amended complaint
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`and Dell’s motion to dismiss.
`
`
`Dated: February 21, 2020
`
`
`
`
`
`DEVLIN LAW FIRM LLC
`
`/s/ Timothy Devlin
`Timothy Devlin (No. 4241)
`Neil A. Benchell (admitted pro hac vice)
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Phone: (302) 449-9010
`Fax: (302) 353-4251
`tdevlin@devlinlawfirm.com
`nbenchell@devlinlawfirm.com
`
`Attorneys for Plaintiffs Sisvel International
`
`S.A., 3G Licensing S.A.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Jack B. Blumenfeld
`Jack B. Blumenfeld (#1014)
`Jeremy A. Tigan (#5239)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`jtigan@mnat.com
`
`Attorneys for Defendant Dell, Inc.
`
`
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