Mirror Worlds, LLC v. Apple, Inc.

Filing 55

MOTION to Withdraw 48 Answer to Complaint, Counterclaim by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Mehta, Sonal)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 55 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIROR WORLDS, LLC, Plaintiff, v. APPLE INC., Defendant. Civil Action No. 6:08-CV -88 LED JURY TRIL DEMANDED MOTION TO WITHDRAW APPLE'S NOVEMBER 25,2008 FIRST AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS Apple Inc. hereby moves to withdraw its November 25, 2008 First Amended Answer, Affirmative Defenses And Counterclaims (D.l. #48). In lieu of that document, Apple has submitted a revised pleading concurrently with its Motion for Leave To File Its First Amended Answer, Affrmative Defenses And Counterclaims. Apple intends this revised pleading to be the operative pleading should its motion for leave be granted. Although the pleading being submitted herewith has been updated since November 25, 2008, the patent infrngement counterclaim against Mirror Worlds LLC and Mirror Worlds Technologies Inc. in the First Amended Answer, Affrmative Defenses And Counterclaims is identical to that filed on November 25,2008. A proposed order is being filed concurrently herewith. Dockets.Justia.com Dated: December 23, 2008 Respectfully submitted, lsI Sonal N. Mehta Matthew D. Powers Lead Attorney Steven S. Cherensky Sonal N. Mehta (Pro Hac Vice) Stefani C. Smith (Pro Hac Vice) WElL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 650-802-3000 (phone) 650-802-3100 (fax) matthew. powers(fweil.com steven.cherensky(fweil.com sonal.melita(fweil.com stefani.smith(fweil.com Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIR P.O. Box 2649 Longview, Texas 75606 (903) 757-8449 (phone) (903) 758-7397 (fax) ema(femafirm.com Attorneys for Defendant Apple Inc. 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was filed electronically in compliance with Local Rule CV -5 on this 23rd day of December, 2008. As of this date, all counsel of record have consented to electronic service and are being served with a copy of this document through the Cour's CMIECF system under Local Rule CV-5(a)(3)(A). lsI Sonal N. Mehta Sonal N. Mehta 3