Case 2:21-cv-00460-JRG Document 19-2 Filed 01/24/22 Page 1 of 3 PageID #: 186

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Case 2:21-cv-00460-JRG Document 19-2 Filed 01/24/22 Page 2 of 3 PageID #: 187

Chase Tower
2200 Ross Avenue, Suite 2300
Dallas, TX 75201
214-922-3400 | Fax: 214-922-3899

Theodore Stevenson, III Direct Dial: 214-922-3507 Email: ted.stevenson@alston.com

January 20, 2022

VIA EMAIL ONLY

Melissa R. Smith
Gillam & Smith, LLP
303 South Washington Avenue
Marshall, TX 75760
melissa@gillamsmithlaw.com

Re: Apple Inc. v. Telefonaktiebolaget LM Ericsson et al., No. 2:21-cv-460-JRG,

Apple’s Request for Early Case Management Conference

Dear Melissa,

In Apple’s Request for Early Case Management Conference, Apple criticizes Ericsson’s
assertion of “three patent infringement actions before Judge Albright in the Western
District of Texas,” which Apple characterizes as an attempt to “avoid allowing this Court
to completely resolve the parties’ licensing dispute.” Request at 3 (emphasis in original).

Apple’s characterization is both misleading and ironic. Ericsson would have preferred to
file its patent cases in the Eastern District of Texas, but our filing in the Western District
was necessitated by Apple’s highly publicized closing of all its retail stores in the Eastern
District in the wake of TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct.
1514 (2017).

Had we had the brief call I requested Wednesday afternoon, we could have easily mooted
this complaint. Nonetheless, Ericsson is willing to dismiss its Western District suits and
refile in the Eastern District if Apple is willing to stipulate to venue in the Eastern District
for this dispute and waive any objection under TC Heartland.

Given Ericsson intends to file its response to your Request on Monday, January 24, I ask
that Apple provide its response to Ericsson’s offer to refile its cases in the Eastern
District by noon this Friday, January 21. If we have agreement we will immediately draft
the appropriate papers for your signature.

Alston & Bird LLP www.alston.com

Atlanta | Beijing | Brussels | Charlotte | Dallas | Fort Worth | London | Los Angeles | New York | Raleigh | San Francisco | Silicon Valley | Washington, D.C.
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VIA EMAIL ONLY
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Sincerely,

Theodore Stevenson, III