Technology Licensing v. Technicolor USA, Inc.

Filing 238

STIPULATION and ORDER signed by Judge William B. Shubb on 1/19/2010 GRANTING 234 Stipulation and Proposed Order; Technology Licensing Corporation may file its Second Amended Complaint. (Matson, R)

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Audrey A. Millemann, State Bar No. 124954 WEINTRAUB GENSHLEA CHEDIAK LAW CORPORATION 400 Capitol Mall, 11th Floor Sacramento, California 95814 Telephone [phone] Raymond P. Niro Joseph N. Hosteny Arthur A. Gasey Paul C. Gibbons Kara L. Szpondowski NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, Illinois 60602 Telephone [phone] Attorneys for Plaintiff and Counterdefendant Technology Licensing Corporation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION TECHNOLOGY LICENSING CORPORATION, Plaintiff, v. THOMSON, INC., Defendant. Case No. CIV S-03-1329 WBS PAN STIPULATED REQUEST AND [PROPOSED] ORDER PERMITTING TECHNOLOGY LICENSING CORPORATION TO FILE ITS SECOND AMENDED COMPLAINT

The parties hereto, through their respective counsel of record, hereby submit this stipulated request that TLC be permitted to file its Second Amended Complaint. As TLC explained in the Parties Joint Status Report (Dkt. No. 226 at p. 2), the originally asserted patents in this litigation, U.S. Patent Nos. 5,754,250 and 5,486,869, and were reissued by the United States Patent and Trademark Office as United States Patent Nos. RE 40,411 and RE 40,412,
Stipulated Request and [Proposed] Order Permitting Technology Licensing Corporation to File Its Second Amended Complaint

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respectively. TLC thereby seeks to file its Second Amended Complaint in order to substitute the reissue patents for the originally asserted patents, to remove AV Technologies as a party, and to assert infringement by Thomson of one or more of the additional claims from each of the `411 and `412 reissue patents. Good cause exists for TLC to file its Second Amended Complaint, as Thomson has consented (without waiving any objections or defenses) to TLC's filing its Second Amended Complaint pursuant to Fed.R.Civ.Proc. 15(a)(2). This filing will not impact any deadlines in the scheduling order (Dkt. No. 229). Complaint is attached as Exhibit 1. Dated: January 15, 2010 NIRO SCAVONE HALLER & NIRO By: /S/ Kara L. Szpondowski Raymond P. Niro Joseph N. Hosteny Arthur A. Gasey Paul C. Gibbons Kara L. Szpondowski Audrey A. Millemann WEINTRAUB GENSHLEA CHEDIAK LAW CORPORATION State Bar No. 124954 Pursuant to L.R. 5-137(c), TLC's Second Amended

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Stipulated Request and [Proposed] Order Permitting Technology Licensing Corporation to File Its Second Amended Complaint

Attorneys for Plaintiffs
Dated: January 15, 2010 DUANE MORRIS LLP By: /S/ Richard T. Redano Gary R. Maze Christina C. Marshall Attorneys for Defendant -2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dated: January 19, 2010

ORDER IT IS HEREBY ordered that Technology Licensing Corporation may file its Second Amended Complaint.

Stipulated Request and [Proposed] Order Permitting Technology Licensing Corporation to File Its Second Amended Complaint

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