Realtek Semiconductor Corporation v. Avago Technologies International Sales PTE. Ltd. et al
| Realtek Semiconductor Corporation |
| Broadcom Inc., Avago Technologies International Sales PTE. Ltd. and Broadcom Corporation |
| 1:2024cv01235 |
| November 8, 2024 |
| U.S. District Court for the District of Delaware |
| Gregory B Williams |
| Patent |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 69 REDACTED VERSION of #67 Declaration, Declaration of Theodore J. Angelis in Support of Plaintiff Realtek Semiconductor Corporation's Motion For Attorneys' Fees by Realtek Semiconductor Corporation. (Attachments: #1 Exhibit 1 (Redacted in Its Entirety), #2 Exhibit 2 (Redacted in Its Entirety))(Hunt, Megan) |
| Filing 68 REDACTED VERSION of #66 Opening Brief in Support, Plaintiff Realtek Semiconductor Corporation's Opening Brief In Support of Its Motion For Attorneys' Fees by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 67 [SEALED] DECLARATION of Theodore J. Angelis re #66 Opening Brief in Support, by Realtek Semiconductor Corporation. (Attachments: #1 Exhibit [SEALED] Exhibit 1 to Declaration of Theodore J. Angelis in Support of Plaintiff Realtek Semiconductor Corporations Motion For Attorneys Fees, #2 Exhibit [SEALED] Exhibit 2 to Declaration of Theodore J. Angelis in Support of Plaintiff Realtek Semiconductor Corporations Motion For Attorneys Fees)(Hunt, Megan) |
| Filing 66 [SEALED] OPENING BRIEF in Support re #65 MOTION for Attorney Fees Plaintiff Realtek Semiconductor Corporations Motion For Attorneys Fees filed by Realtek Semiconductor Corporation.Answering Brief/Response due date per Local Rules is 1/9/2025. (Hunt, Megan) |
| Filing 65 MOTION for Attorney Fees Plaintiff Realtek Semiconductor Corporations Motion For Attorneys Fees - filed by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certificate)(Hunt, Megan) |
| Filing 64 MOTION to Seal - filed by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certificate)(Hunt, Megan) |
| Filing 63 REDACTED VERSION of #62 Order, #60 Redacted Document, 59 Order,,, 61 Order, #58 Joint MOTION to Seal Portions of the Court's Memorandum Opinion by Realtek Semiconductor Corporation. (Attachments: #1 [Public Version] Declaration of Theodore J. Angelis in Support of Joint Motion to Seal Portions of the Court's Memorandum Opinion, #2 [Public Version] Exhibit A, #3 [Public Version] Exhibit B, #4 [Public Version] [Proposed] Order)(Hunt, Megan) |
Filing 62
ORDER re #58 Joint MOTION to Seal Portions of the Court's Memorandum Opinion filed by Avago Technologies International Sales PTE. Ltd. Signed by Judge Gregory B. Williams on 12/20/2024. (lnb)
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Filing 61
ORAL ORDER: Upon reviewing the parties' proposed public version of D.I. 56 (see D.I. 60), IT IS HEREBY ORDERED THAT D.I. 60 shall serve as a public version of D.I. 56. See D.I. 59. ORDERED by Judge Gregory B. Williams on 12/20/2024. (lnb)
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| Filing 60 REDACTED VERSION of #56 Memorandum Opinion by Realtek Semiconductor Corporation. (Hunt, Megan) |
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Filing 59
ORAL ORDER: Upon reviewing the parties' Joint Motion to Seal Portions of the Court's Memorandum Opinion (D.I. 58), and having reviewed "the redactions the[] [parties] have proposed to the Court's Memorandum Opinion as reflected in the attached Exhibit A," D.I. 58 at 4; and having found good cause for such redactions, IT IS HEREBY ORDERED THAT the Motion is GRANTED. IT IS FURTHER ORDERED THAT, on or before December 23, 2024, the parties shall submit a file that can serve as a public version of D.I. 56. Exhibit B (D.I. 58-3) to the MOTION will not serve as a public version of D.I. 56, because it includes numerous changes that are not redactions. Compare e.g., D.I. 56 at 1 ("D.I. 2 (Notice of Removal) at 1"), with D.I. 58-3 at 1 ("DJ. 2 (Notice of Removal) at I"). ORDERED by Judge Gregory B. Williams on 12/19/2024. (lnb)
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| CORRECTING ENTRY: Per counsel's request, the text in D.I. #58 was changed to reflect the correct filing party. (scs) |
| Filing 58 [SEALED] Joint MOTION to Seal Portions of the Court's Memorandum Opinion - filed by Realtek Semiconductor Corporation. (Attachments: #1 Declaration of Theodore J. Angelis in Support of Joint Motion to Seal Portions of the Court's Memorandum Opinion, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Hunt, Megan) Modified on 12/19/2024 (scs). |
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Filing 57
ORDER re #56 Memorandum Opinion. Signed by Judge Gregory B. Williams on 12/11/2024. (lnb)
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| Filing 56 [SEALED] MEMORANDUM OPINION. Signed by Judge Gregory B. Williams on 12/11/2024.This document will be emailed to local counsel. (lnb) |
| Pro Hac Vice Attorney Theodore J. Angelis, Elizabeth J. Weiskopf, Jason N. Haycock, Taylor Yamahata for Realtek Semiconductor Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (cdd) |
| Filing 55 REDACTED VERSION of #42 Reply Brief Plaintiffs Reply Brief in Support of Its Motion For Alternative Service by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 54 REDACTED VERSION of #44 Exhibit to a Document Exhibit A (Redacted in Its Entirety) by Realtek Semiconductor Corporation. (Attachments: #1 Exhibit B (Redacted in Its Entirety))(Hunt, Megan) |
| Filing 53 [SEALED] OPENING BRIEF in Support re #52 MOTION to Dismiss for Failure to State a Claim filed by Broadcom Inc., Broadcom Corporation.Answering Brief/Response due date per Local Rules is 12/23/2024. (Attachments: #1 Exhibit 1-2)(Farnan, Kelly) |
| Filing 52 MOTION to Dismiss for Failure to State a Claim - filed by Broadcom Inc., Broadcom Corporation. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly) |
| Filing 51 AFFIDAVIT of Service for Complaint to Broadcom Corp., filed by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 50 AFFIDAVIT of Service for Complaint to Broadcom Corp., filed by Realtek Semiconductor Corporation. (Hunt, Megan) |
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SO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Theodore J. Angelis, Elizabeth J. Weiskopf, Jason N. Haycock, and Taylor Yamahata filed by Realtek Semiconductor Corporation. Signed by Judge Gregory B. Williams on 12/4/2024. (lnb)
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| Filing 49 REDACTED VERSION of #41 Letter by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. (Farnan, Kelly) |
| Filing 48 REDACTED VERSION of #40 Answering Brief in Opposition, by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. (Farnan, Kelly) |
| Filing 47 Pro Hac Vice Fee - Credit Card Payment received for Theodore J. Angelis, Elizabeth J. Weiskopf, Jason N. Haycock, and Taylor Yamahata. ( re #46 MOTION for Pro Hac Vice Appearance of Attorney Theodore J. Angelis, Elizabeth J. Weiskopf, Jason N. Haycock, and Taylor Yamahata )( Payment of $ 200, receipt number ADEDC-4561353).(Hunt, Megan) |
| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Theodore J. Angelis, Elizabeth J. Weiskopf, Jason N. Haycock, and Taylor Yamahata - filed by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 45 STATEMENT Pursuant to Local Rule 81.2 by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. (Farnan, Kelly) |
| Filing 44 [SEALED] EXHIBIT re #43 Letter Exhibits A-B to Letter to the Honorable Gregory B. Williams from Steven L. Caponi regarding Transcript of November 25, 2024 Conference by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 43 Letter to the Honorable Gregory B. Williams from Steven L. Caponi regarding Transcript of November 25, 2024 Conference. (Hunt, Megan) |
| Filing 42 [SEALED] REPLY BRIEF re #27 MOTION for Alternative Service Under Fed. R. Civ. P. 4(f)(3) filed by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 41 [SEALED] Letter to The Honorable Gregory B. Williams from Kelly E. Farnan regarding November 20, 2024 Oral Order - re 31 Order,,,,,. (Farnan, Kelly) |
| Filing 40 [SEALED] ANSWERING BRIEF in Opposition re #27 MOTION for Alternative Service Under Fed. R. Civ. P. 4(f)(3) filed by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation.Reply Brief due date per Local Rules is 12/3/2024. (Farnan, Kelly) |
| Filing 39 Letter to the Honorable Gregory B. Williams from Steven L. Caponi regarding Plaintiff's Supplemental Letter Brief - re 31 Order,,,,, #8 MOTION to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction. (Hunt, Megan) |
| Filing 38 REDACTED VERSION of #19 Answering Brief in Opposition, by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. (Farnan, Kelly) |
| Filing 37 REDACTED VERSION of #30 Declaration Declaration of Megan E. Hunt in Support of Plaintiff's Motion for Alternative Service Under Fed. R. Civ. P. 4(f)(3) by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 36 REDACTED VERSION of #29 Declaration Declaration of Theodore J. Angelis in Support of Plaintiff's Motion for Alternative Service Under Fed. R. Civ. P. 4(f)(3) by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 35 REDACTED VERSION of #28 Opening Brief in Support, Opening Brief in Support of Motion for Alternative Service Under Fed. R. Civ. P. 4(f)(3) by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 34 REDACTED VERSION of #32 Reply Brief, Reply Brief re Motion to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction by Realtek Semiconductor Corporation. (Attachments: #1 Exhibit A (Redacted in Its Entirety))(Hunt, Megan) |
| Filing 33 REDACTED VERSION of #24 Letter Letter to the Honorable Gregory B. Williams from Steven L. Caponi regarding Schedule on Motion to Remand by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 32 [SEALED] REPLY BRIEF re #8 MOTION to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction filed by Realtek Semiconductor Corporation. (Attachments: #1 Exhibit A)(Hunt, Megan) |
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Filing 31
ORAL ORDER: Having reviewed Plaintiff's Motion to Remand the Case to The Court of Chancery of the State of Delaware Or Alternatively to Set a Schedule for an Anti-suit Injunction (see D.I. 8) and accompanying briefing (see D.I. 9; D.I. 19), and having reviewed the complaint (D.I. 2) filed in No. CV 17-115, the Court requires additional briefing regarding Defendants' contention that: "It was precisely the absence of any such claims arising under patent law that was the basis of the dismissal in the 2017 Case." D.I. 19 at 13. IT IS HEREBY ORDERED that, on or before 5:00 pm on November 26, 2024, each side shall separately file with the Court a supplemental letter brief, not to exceed five (5) pages, addressing: (1) any material similarities or differences, between the operative complaint in this case and the operative complaint in No. CV 17-115, that are relevant to the "arising under any Act of Congress relating to patents" inquiry (Gunn v. Minton, 568 U.S. 251, 253 (2013)); and (2) assuming that the Court finds that there are no material differences between the operative complaint in this case and the operative complaint in No. CV 17-115, whether any precedent compels this Court to grant Plaintiff's motion to remand. ORDERED by Judge Gregory B. Williams on 11/20/24. (jaa) Modified on 11/20/2024 (jaa).
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| CORRECTING ENTRY: Per counsel's request D.I. #24 Main document has been replaced to reflect corrections. D.I. #24 has also been placed under seal per the request of counsel. (mpb) |
| CORRECTING ENTRY: Per counsel's request, D.I. #23 has been modified to reflect that Broadcom Inc. was the correct party that was served. (mpb) |
| Filing 30 [SEALED] DECLARATION re #28 Opening Brief in Support, Declaration of Megan E. Hunt in Support of Plaintiff's Motion for Alternative Service Under Fed. R. Civ. P. 4(f)(3) by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 29 [SEALED] DECLARATION re #28 Opening Brief in Support, Declaration of Theodore J. Angelis in Support of Plaintiff's Motion for Alternative Service Under Fed. R. Civ. P. 4(f)(3) by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 28 [SEALED] OPENING BRIEF in Support re #27 MOTION for Alternative Service Under Fed. R. Civ. P. 4(f)(3) filed by Realtek Semiconductor Corporation.Answering Brief/Response due date per Local Rules is 12/3/2024. (Hunt, Megan) |
| Filing 27 MOTION for Alternative Service Under Fed. R. Civ. P. 4(f)(3) - filed by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certificate)(Hunt, Megan) |
| Filing 26 MOTION to Seal - filed by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certificate)(Hunt, Megan) |
| Filing 25 AFFIDAVIT of Service for Summons and Complaint served on Avago Technologies International Sales PTE., LTD. on November 18, 2024, filed by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 24 Letter to the Honorable Gregory B. Williams from Steven L. Caponi regarding Schedule on Motion to Remand. (Hunt, Megan) (Main Document 24 replaced on 11/20/2024) (mpb). |
| Filing 23 SUMMONS Returned Executed by Realtek Semiconductor Corporation. Broadcom Inc. served on 11/15/2024, answer due 12/6/2024. (Hunt, Megan) Modified on 11/20/2024 (mpb). |
| Filing 22 REDACTED VERSION of #11 MOTION to Expedite Plaintiff's Motion for Expedited Briefing on Its Motion to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Antisuit Injunction by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order)(Hunt, Megan) |
| Filing 21 REDACTED VERSION of #9 Opening Brief in Support, by Realtek Semiconductor Corporation. (Hunt, Megan) |
| Filing 20 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories to Defendants and Plaintiff's First Set of Requests for the Production of Documents filed by Realtek Semiconductor Corporation.(Hunt, Megan) |
| Filing 19 [SEALED] ANSWERING BRIEF in Opposition re #8 MOTION to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction filed by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation.Reply Brief due date per Local Rules is 11/25/2024. (Attachments: #1 Exhibit 1)(Farnan, Kelly) |
| Filing 18 REDACTED VERSION of #4 Exhibit to a Document by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. (Farnan, Kelly) |
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Filing 17
ORAL ORDER: Having reviewed Plaintiff's request for expedited briefing (see D.I. 11), IT IS HEREBY ORDERED that, on or before 5:00 pm on November 19, 2024, the parties shall meet and confer and jointly file a stipulated [proposed] briefing schedule, or alternatively, a joint letter, not to exceed five (5) pages, that explains why the parties were unable to reach agreement on the deadlines that remain in dispute, identify the specific deadlines that remain in dispute, and provide the parties' respective positions on each of those deadlines that remain in dispute for the Court to decide and each party's specific proposed dates with respect to any deadlines remaining in dispute. IT IS FURTHER ORDERED THAT the stipulation or joint letter shall address and identify Defendants' position on whether they are willing to stay or suspend the foreign proceedings against Plaintiff's customers (see D.I. 11; D.I. 2-1) to give the Court time to consider and decide Plaintiff's Motion to Remand the Case to The Court of Chancery of the State of Delaware Or Alternatively to Set a Schedule for an Anti-suit Injunction (see D.I. 8). ORDERED by Judge Gregory B. Williams on 11/14/2024. (lnb)
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Filing 16
ORDER re #7 Unopposed MOTION to Seal filed by Realtek Semiconductor Corporation. Signed by Judge Gregory B. Williams on 11/14/2024. (lnb)
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Kristopher L. Reed, Adrienne E. Dominguez and Richard L. Wynne, Jr. filed by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. Signed by Judge Gregory B. Williams on 11/14/2024. (lnb)
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| Pro Hac Vice Attorney Kristopher L. Reed, Adrienne E. Dominguez, Richard L. Wynne for Avago Technologies International Sales PTE. Ltd., Broadcom Corporation, Broadcom Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (scs) |
| Filing 15 Pro Hac Vice Fee - Credit Card Payment received for Kristopher L. Reed, Adrienne E. Dominguez, and Richard L. Wynne, Jr.. ( re #14 MOTION for Pro Hac Vice Appearance of Attorney Kristopher L. Reed, Adrienne E. Dominguez and Richard L. Wynne, Jr. )( Payment of $ 150, receipt number ADEDC-4546147).(Farnan, Kelly) |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Kristopher L. Reed, Adrienne E. Dominguez and Richard L. Wynne, Jr. - filed by Broadcom Inc., Avago Technologies International Sales PTE. Ltd., Broadcom Corporation. (Farnan, Kelly) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (nms) |
| Filing 13 Letter to Duty Judge from Kelly E. Farnan regarding Motion for Expedited Briefing - re #11 MOTION to Expedite Plaintiff's Motion for Expedited Briefing on Its Motion to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Antisuit Injunction. (Farnan, Kelly) |
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Filing 12
ORDER granting D.I. #1 MOTION to File Under Seal. Signed by Judge Maryellen Noreika on 11/12/2024. (mpb)
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| LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI #11 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms) |
| Remark: Case submitted for routine judicial assignment. (mpb) |
| Filing 11 [SEALED] MOTION to Expedite Plaintiff's Motion for Expedited Briefing on Its Motion to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Antisuit Injunction - filed by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Caponi, Steven) |
| Filing 10 EXHIBIT re #9 Opening Brief in Support, Exhibits A-D to Plaintiff's Opening Brief in Support of Its Motion to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction by Realtek Semiconductor Corporation. (Caponi, Steven) |
| Filing 9 [SEALED] OPENING BRIEF in Support re #8 MOTION to Remand Plaintiff's Motion to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction filed by Realtek Semiconductor Corporation.Answering Brief/Response due date per Local Rules is 11/25/2024. (Attachments: #1 Certificate of Service)(Caponi, Steven) |
| Filing 8 MOTION to Remand the Case to the Court of Chancery of the State of Delaware or Alternatively to Set a Schedule for an Anti-Suit Injunction - filed by Realtek Semiconductor Corporation. (Attachments: #1 [Proposed] Order, #2 [Proposed] Order)(Caponi, Steven) Modified on 11/12/2024 (nms). |
| Filing 7 Unopposed MOTION to Seal - filed by Realtek Semiconductor Corporation. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certificate)(Caponi, Steven) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Realtek Semiconductor Corporation. (Caponi, Steven) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Broadcom Inc. for Avago Technologies International Sales PTE. Ltd., Broadcom Corporation filed by Avago Technologies International Sales PTE. Ltd., Broadcom Corporation, Broadcom Inc. (mpb) |
| Filing 4 [SEALED] EXHIBIT A to #2 Notice of Removal, filed by Avago Technologies International Sales PTE. Ltd., Broadcom Corporation, Broadcom Inc. (mpb) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 2 NOTICE OF REMOVAL and copies of documents from DE Court of Chancery, Case Number 2024-1127-NAC (Filing fee $405, receipt number ADEDC-4543796)- filed by Broadcom Corporation, Avago Technologies International Sales PTE. Ltd., Broadcom Inc. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Civil Cover Sheet)(mpb) |
| Filing 1 MOTION to File Under Seal - filed by Avago Technologies International Sales PTE. Ltd., Broadcom Corporation, Broadcom Inc. (Attachments: #1 Text of Proposed Order)(mpb) |
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