Elan Microelectronics Corporation v. Apple, Inc.

Filing 292

MOTION for Leave to File Excess Pages /Elan Microelectronics Corporation's Unopposed Civ L.R. 7-11 Administrative Motion for Enlargement of Page Limit filed by Elan Microelectronics Corporation. (Attachments: # 1 Proposed Order)(DeBruine, Sean) (Filed on 6/16/2011)

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YITAI HU (SBN 248085)
[e-mail]
SEAN P. DEBRUINE (SBN 168071)
[e-mail]
ELIZABETH H. RADER (SBN 184963)
[e-mail]
JANE HAN BU (SBN 240081)
[e-mail]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone:
650-838-2000
Facsimile:
650-838-2001
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S UNOPPOSED CIV
L.R. 7-11 ADMINISTRATIVE MOTION
FOR ENLARGEMENT OF PAGE LIMIT

Plaintiff and Counterdefendant,

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Case No. 09-cv-01531 RS (PSG)

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant and Counterplaintiff.

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AND RELATED COUNTERCLAIMS

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ELAN’S UNOPPOSED CIV L.R. 7-11 ADMIN. MOT. FOR
ENLARGEMENT OF PAGE LIMIT

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Case No. 09-cv-01531 RS (PSG)

Pursuant to Civil Local Rule 7-11, Plaintiff Elan Microelectronics Corporation (“Elan”)

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respectfully request that the Court grant it leave to file its Reply to Apple, Inc.’s Opposition to

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Elan’s Motion for Partial Summary Judgment of Infringement of U.S. Patent No. 5,825,352

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approximately two pages in excess of the fifteen-page limit imposed by Civ. L. R. 7-4. [Dkt. No.

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212].

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As grounds for this motion Elan states that Apple’s Opposition raises numerous new and

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unanticipated claim construction arguments, and that its supporting papers included a 158

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paragraph declaration from Apple’s expert witness, Dr. Balakrishnan addressing issues not raised

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in Elan’s Motion. Elan has made every effort to present its arguments in a clear and concise

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manner and present its arguments within fifteen pages of text. However, Elan has determined that

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two additional pages are necessary to fully respond to the new issues raised by Apple in its

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Opposition. Thus, good cause exists to permit a longer reply brief to allow Elan to respond to this

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new matter so that its positions may be fully considered by the Court.

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Apple’s counsel informed Elan on June 16, 2011that Apple does not oppose this motion.

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However, Apple’s counsel has not responded to Elan’s request to enter into a stipulation as

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required by Civ. L.R. 7-11 allowing Elan to file its Reply in excess of the page limitations

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imposed in Civ. L.R. 7-4.

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For the foregoing reasons, Elan respectfully requests that the Court grant its Unopposed

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Motion for Enlargement of Page Limit from fifteen (15) to seventeen (17) pages.

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DATED: June 16, 2011

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Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Sean P. DeBruine
Sean P. DeBruine
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS CORPORATION

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LEGAL02/32693570v1

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ELAN’S UNOPPOSED CIV L.R. 7-11 ADMIN. MOT. FOR
ENLARGEMENT OF PAGE LIMIT

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Case No. 09-cv-01531 RS (PSG)

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Sean P. DeBruine,
attest that concurrence in the filing of this document has been obtained.
/s/ Sean P. DeBruine
Sean P. DeBruine

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LEGAL02/32693570v1

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ELAN’S UNOPPOSED CIV L.R. 7-11 ADMIN. MOT. FOR
ENLARGEMENT OF PAGE LIMIT

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Case No. 09-cv-01531 RS (PSG)