Elan Microelectronics Corporation v. Apple, Inc.

Filing 83

Unopposed MOTION for Leave to File Third Amended Answer and Counterclaims filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 (Proposed) Order)(Lumish, Douglas) (Filed on 5/7/2010) Modified on 5/7/2010 (bw, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATTHEW D. POWERS (Bar No. 104795) matthew.powers@weil.com JARED BOBROW (Bar No. 133712) jared.bobrow@weil.com DOUGLAS E. LUMISH (Bar. No. 183863) doug.lumish@weil.com SONAL N. MEHTA (Bar No. 222086) sonal.mehta@weil.com DEREK C. WALTER (Bar. No. 246322) derek.walter@weil.com NATHAN GREENBLATT (Bar No. 262279) nathan.greenblatt@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) APPLE'S UNOPPOSED MOTION FOR LEAVE TO FILE THIRD AMENDED ANSWER AND COUNTERCLAIMS JURY TRIAL DEMANDED Hon. Richard Seeborg Apple's Unopposed Motion for Leave to File Third Amended Answer and Counterclaims Case No. C-09-01531 RS (PVT) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Apple Inc. ("Apple") hereby moves for leave to file a Third Amended Answer and Counterclaims against Plaintiff Elan Microelectronics Corp. ("Elan") pursuant to Federal Rule of Civil Procedure 15(a)(2). Apple's Third Amended Answer and Counterclaims is attached as Exhibit A. Elan has given written consent to Apple's amendment, which withdraws Apple's claim of infringement of U.S. Patent No. 6,933,929, and adds allegations of willful infringement of U.S. Patent Nos. 5,764,218 and 7,495,659 based on facts learned during discovery. Dated: May 7, 2010 WEIL, GOTSHAL & MANGES LLP By: /s/ Douglas E. Lumish DOUGLAS E. LUMISH Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. Apple's Unopposed Motion for Leave to File Third Amended Answer and Counterclaims 1 Case No. C-09-01531 RS (PVT)

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