`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ADVANCED MICRO DEVICES, INC.; and ATI
`TECHNOLOGIES ULC,
`
`Plaintiffs,
`
`v.
`
`TCL INDUSTRIES HOLDINGS CO., LTD.; TCL
`INDUSTRIES HOLDINGS (H.K.) LIMITED;
`TCL ELECTRONICS HOLDINGS LIMITED;
`TCL TECHNOLOGY GROUP CORPORATION;
`TTE CORPORATION; TCL HOLDINGS (BVI)
`LIMITED; TCL KING ELECTRICAL
`APPLIANCES (HUIZHOU) CO. LTD.;
`SHENZHEN TCL NEW TECHNOLOGIES CO.,
`LTD.; TCL MOKA INTERNATIONAL
`LIMITED; TCL SMART DEVICE (VIETNAM)
`CO., LTD; MANUFACTURAS AVANZADAS
`SA DE CV; TCL ELECTRONICS MEXICO, S
`DE RL DE CV; TCL OVERSEAS MARKETING
`LTD.; and REALTEK SEMICONDUCTOR
`CORP.,
`
`Defendants.
`
`C. A. NO. 2:22-CV-00134
`
`JURY TRIAL DEMANDED
`
`TCL’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER
`OR OTHERWISE RESPOND TO THE COMPLAINT
`
`Plaintiffs Advanced Micro Devices, Inc. and ATI Technologies ULC (collectively,
`
`“AMD”) filed the Complaint in this action on May 5, 2022 (Dkt. 1) against, among others,
`
`defendants TCL Industries Holdings Co. Ltd., TCL Industries Holdings (H.K.) Limited, TCL
`
`Electronics Holdings Limited, TCL Technology Group Corporation, TTE Corporation, TCL
`
`Holdings (BVI) Limited, TCL King Electrical Appliances (Huizhou) Co. Ltd., Shenzhen TCL
`
`New Technologies Co., Ltd.—correct name TCL New Technology Co., Ltd.—, TCL MOKA
`
`-1-
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 21 Filed 07/01/22 Page 2 of 4 PageID #: 194
`
`International Limited, and TCL Smart Device (Vietnam) Co., Ltd, Manufacturas Avanzadas SA
`
`de CV, TCL Electronics Mexico, S de RL de CV, and TCL Overseas Marketing Ltd.
`
`(collectively, “TCL”).
`
`AMD alleges to have served six of the TCL entities on May 17 and May 18, 2022.
`
`(Dkt. 11‒16.) AMD believes that the service on these six entities was proper, whereas TCL
`
`disputes that this service was proper. AMD has not yet served the remaining seven TCL entities.
`
`On June 7, 2022, TCL filed a first unopposed application for extension of time for the six
`
`served TCL entities to respond to the Complaint. (Dkt. 17.) The Court granted the first
`
`unopposed application, and the current deadline for response to the Complaint is July 7, 2022.
`
`TCL and AMD have reached an agreement whereby TCL will waive service of the
`
`complaint for all TCL entities in exchange for an extension of time to respond to the Complaint
`
`to August 22, 2022.
`
`Based on the foregoing, TCL moves for a second unopposed extension of time to answer
`
`or otherwise respond to the Complaint for an additional 45 days, to and through August 22,
`
`2022.1 The requested extension is not sought for any improper purpose and would not unduly
`
`prejudice any part or suit. In fact, the collective 75 days of extension of time to answer for the
`
`earliest allegedly served TCL entities is less than the 90-day extension of time that would be
`
`provided under Federal Rule of Civil Procedure 4 for waiver of service by a foreign entity.
`
`Counsel for TCL has conferred with counsel for AMD. This motion is unopposed.
`
`Therefore, TCL requests the Court extend the time to answer or otherwise respond to the
`
`Complaint to and through August 22, 2022.
`
`1 The 45-day period counting from July 7, 2022 ends on August 21, 2022, a Sunday. Hence,
`TCL seeks an extension of time to the following business day, August 22, 2022.
`
`-2-
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 21 Filed 07/01/22 Page 3 of 4 PageID #: 195
`
`Dated: July 1, 2022
`
`Respectfully submitted,
`
`/s/ Kyle R. Canavera
`John P. Schnurer, TX Bar No. 24072628
`JSchnurer@perkinscoie.com
`Kyle R. Canavera, CA Bar No. 314664
`KCanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Ste 300
`San Diego, California 92130-2080
`
`Attorneys for Defendants TCL Industries
`Holdings Co., Ltd.; TCL Industries Holdings
`(H.K.) Limited; TCL Electronics Holdings
`Limited; TCL Technology Group Corporation;
`TTE Corporation; TCL Holdings (BVI) Limited;
`TCL King Electrical Appliances (Huizhou) Co.
`Ltd.; Shenzhen TCL New Technologies Co., Ltd.;
`TCL Moka International Limited; TCL Smart
`Device (Vietnam) Co., Ltd; Manufacturas
`Avanzadas SA de CV; TCL Electronics Mexico, S
`de RL de CV; and TCL Overseas Marketing Ltd.
`
`-3-
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 21 Filed 07/01/22 Page 4 of 4 PageID #: 196
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
`document has been served on July 1, 2022 on all counsel of record, via the Court’s CM/ECF
`
`system.
`
`/s/ Kyle R. Canavera
`Kyle R. Canavera
`
`
`
`-4-
`
`
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