Case 1:13-cv-11105-FDS Document 51 Filed 06/25/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

TRUSTEES OF BOSTON UNIVERSITY, Plaintiff v. ARROW ELECTRONICS, INC., et al., Defendants DISTRIBUTOR DEFENDANTS MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF PLAINTIFFS FIRST-FILED ACTION AGAINST THE MANUFACTURER OF THE ACCUSED PRODUCTS Defendants Arrow Electronics, Inc., Nu Horizons Electronics Corp., NRC Electronics, Inc., and ComponentsMAX, Inc. (collectively, Defendants), hereby move to stay this litigation pending the resolution of a first-filed patent litigation that Plaintiff brought against the manufacturer of the accused products, Trustees of Boston University v. Samsung Electronics., Co., Ltd., et al., No. 13-cv-10659 (D. Mass.) (the Manufacturers Case). The Manufacturers Case involves the same Plaintiff, the same asserted patent, and the same accused products as this case. Defendants respectfully submit that this second-filed case against alleged customers or distributors of the accused Samsung products should be stayed pending resolution of that case against Samsung, under the customer-suit doctrine, the first-to-file rule, and the Courts equitable powers. A stay will promote judicial efficiency, conserve the resources of the parties, and protect Defendants from litigation that should be resolved or at least significantly simplified by resolution of the Manufacturers Case and Civil Action No. 1:13-cv-11105-FDS Jury Trial Demanded

DC: 4893686-2

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in which, among other things, Defendants lack the information necessary to defend against Plaintiffs claims. Defendants ask for this relief based on this Motion, the supporting Memorandum, the supporting declaration of David A. Garr and exhibits thereto, such matters of which the Court may take judicial notice, all pleadings filed in this action, and such further evidence and argument as may be submitted in further briefing or at oral argument. REQUEST FOR ORAL ARGUMENT Pursuant to Local Rule 7.1(d), the below-signed Defendants request oral argument on the foregoing issues. Respectfully submitted, ARROW ELECTRONICS, INC., NU HORIZONS ELECTRONICS CORP., NRC ELECTRONICS, INC., and COMPONENTSMAX, INC. By their attorneys, /s/ Daniel P. Tighe Daniel P. Tighe (BBO 556583) (dtighe@gtmllp.com) GRIESINGER, TIGHE & MAFFEI, LLP 176 Federal Street Boston, Massachusetts 02110 (617) 542-9900 - and Robert T. Haslam, pro hac application pending (rhaslam@cov.com) Kurt G. Calia, pro hac application pending (kcalia@cov.com) COVINGTON & BURLING LLP 333 Twin Dolphin Drive, Suite 700 Redwood Shores, CA 94065-1418 Telephone: (650) 632-4700 Facsimile: (650) 632-4800 2

Dated: June 25, 2013

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Jeffrey H. Lerner, pro hac application pending (jlerner@cov.com) David A. Garr, pro hac application pending (dgarr@cov.com) Chad P. Albert, pro hac application pending (calbert@cov.com) COVINGTON & BURLING LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2401 Telephone: (202) 662-6000 Facsimile: (202) 662-6291

CERTIFICATE OF CONFERENCE Pursuant to Local Rule 7.1(A)(2), I hereby certify that counsel for Defendants consulted with counsel for Plaintiff in a good faith attempt to resolve or narrow this issue. Plaintiff, however, did not consent to a stay unless defendants accepted a number of conditions. These conditions included, for example, that Samsung, a non-party to this action, agree to be legally responsible for all acts of these Defendants in using, importing selling and offering to sell any infringing devices by ANY GaN LED manufacturer. (Capitalization in Plaintiffs e-mail). That is, Plaintiff sought to require that Samsung agree to be legally responsible for any acts of Defendants, including acts involving products manufactured by companies other than Samsung. Defendants could not agree to Plaintiffs conditions, including those imposed on a non-party. /s/ Daniel P. Tighe Daniel P. Tighe

CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on June 25, 2013. /s/ Daniel P. Tighe Daniel P. Tighe