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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`) Civil Action No. 1:14-cv-01153-SCJ
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`MICROWAVE VISION, S.A.,
`MVG INDUSTRIES, SAS, and
`MVG, INC.,
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`Plaintiffs,
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`v.
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`ETS-LINDGREN INC.,
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`Defendant.
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`DEFENDANT ETS’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL
`MEMORANDUM AND STATEMENT OF FACTS IN SUPPORT OF ITS
`MOTION FOR SUMMARY JUDGMENT OF
`NO ENHANCED DAMAGES
`Based on the Supreme Court’s intervening decision in Halo Elecs., Inc. v.
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`Pulse Elecs., Inc., 579 U.S. ___, 2016 WL 3221515, *7 (June 13, 2016) and the
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`Court’s inherent authority to control this case’s schedule, Defendant ETS-Lindgren
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`Inc. (“ETS”) seeks leave to file the attached Supplemental Memorandum in
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`Support of Its Motion for Summary Judgment of No Enhanced Damages
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`(“Supplemental Brief”), along with the attached Supplemental Statement of
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`Case 1:14-cv-01153-SCJ Document 133 Filed 06/24/16 Page 2 of 5
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`Undisputed Material Facts (“SUMF”) and accompanying supporting
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`documentation.1
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`On March 30, 2016, ETS moved for summary judgment of no enhanced
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`damages. 2 On June 13, 2016, after the conclusion of briefing on ETS’s summary
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`judgment motion, the Supreme Court entered its decision in Halo. As MVG noted
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`in its “Notice of Very Recent Supreme Court Precedent Impacting Enhanced
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`Damages” (Dkt. 132, hereinafter “Notice”), the Halo decision changes the standard
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`for awarding enhanced damages under 35 U.S.C. § 285.
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`Given this intervening change in the applicable legal standard, supplemental
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`briefing is warranted because it will allow ETS to apply the facts of this case to
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`this new Supreme Court precedent and respond to the arguments in MVG’s Notice.
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`Jones v. Bank of America, N.A., No. 12-cv-01887-SCJ, 2013 WL 11088186 (June
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`28, 2013) (granting leave to file supplemental summary judgment briefing
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`following an intervening decision by the Georgia Supreme Court). Accordingly,
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`ETS requests leave to file the accompanying nine-page supplemental brief, along
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`with an additional six statements of material fact.
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`1 ETS’s proposed Supplemental Brief is attached as Exhibit A. ETS’s proposed
`Supplemental SUMF is attached as Exhibit B, and the evidence supporting the
`SUMF is attached as Exhibits C–E.
`2 ETS’s March 30, 2016 Motion also sought summary judgment of patent non-
`infringement and no lost profits damages. This Motion and the attached exhibits
`do not impact those two aspects of ETS’s Motion for Summary Judgment.
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`Case 1:14-cv-01153-SCJ Document 133 Filed 06/24/16 Page 3 of 5
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`Dated: June 24, 2016
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`/s/ Douglas Robinson
`RUDOLPH A. TELSCHER, JR. Pro Hac Vice
`DOUGLAS A. ROBINSON, Pro Hac Vice
`JOEL R. SAMUELS, Pro Hac Vice
`HARNESS, DICKEY & PIERCE, P.L.C.
`7700 Bonhomme Ave., Suite 400
`St. Louis, MO 63105
`Phone: (314) 726-7500
`Fax: (314) 726-7501
`rtelscher@hdp.com
`drobinson@hdp.com
`jsamuels@hdp.com
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`CHRISTOPHER P. GALANEK
`Georgia Bar No. 282390
`JOHN C. BUSH
`Georgia Bar No. 413159
`BRYAN CAVE, LLP
`One Atlantic Center, 14th Floor
`1201 West Peachtree St., N.W.
`Atlanta, GA 30309-3488
`Phone: (404) 572-6600
`chris.galanek@bryancave.com
`john.bush@bryancave.com
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`Attorneys for Defendant ETS-Lindgren Inc.
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`Case 1:14-cv-01153-SCJ Document 133 Filed 06/24/16 Page 4 of 5
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`L.R. 7.1D CERTIFICATION
`I hereby certify that the above document has been prepared with Times New
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`Roman 14-point font, one of the font and point selections approved by the Court in
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`L.R. 5.1(C).
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`Dated: June 24, 2016
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`/s/ Douglas A. Robinson
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`Case 1:14-cv-01153-SCJ Document 133 Filed 06/24/16 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`It is hereby certified that on June 24, 2016 I caused a copy of the foregoing
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`document to be served on the following counsel of record via the Court’s
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`electronic filing system:
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`Dale Lischer, dlischer@sgrlaw.com
`Matthew P. Warenzak, mwarenzak@sgrlaw.com
`Smith, Gabrell & Russell, LLP
`Promenade, Suite 3100
`1230 Peachtree Street N.E.
`Atlanta, Georgia 30309-3592
`Telephone: (404) 815-3500
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`Charles P. Kennedy, Pro Hac Vice
`CKennedy@lernerdavid.com
`Robert B. Hander, Pro Hac Vice
`RHander@lernerdavid.com
`Lerner, David, Littenberg, Krumholz & Mentlik, LLP
`600 South Avenue West
`Westfield, NJ 07090
`Phone: (908) 654-5000
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`Attorneys for Plaintiffs Microwave Vision, S.A.,
`MVG Industries, SAS, and MVG, Inc.
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`Dated: June 24, 2016
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`/s/Douglas Robinson
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`5
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