Nokia Corporation v. Apple Inc.

Filing 230

NOTICE of Amendment by Apple Inc. (Moore, David)

Nokia Corporation v. Apple Inc.

Doc. 230

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOKIA CORPORATION, Plaintiff, v. APPLE INC., Defendant. APPLE INC. Counterclaim-Plaintiff, v. NOKIA CORPORATION and NOKIA INC. Counterclaim-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 09-791-GMS JURY TRIAL DEMANDED

APPLE INC.'S NOTICE OF AMENDMENT Apple hereby files, as of right, its Third Amended Answer, Defenses, and Counterclaims, to respond (through amendments to Apple's answer and counterclaims) to the new claims that Nokia filed on February 7, 2011 in its First Amended Complaint (D.I. 190). Apple also makes a ministerial change to footnote 2, changing a patent application number to an issued patent number, to reflect that the application has now issued. In its Notice of Amendment filed on February 11, 2011 (D.I. 211), Apple stated that it would today concurrently move for leave to amend to add inequitable conduct. Apple is still in the process of meeting and conferring with Nokia regarding that motion, and will not file it

Dockets.Justia.com

today, but will file it as soon as the parties have completed the meet and confer process, and well in advance of the April 15, 2011 deadline for inequitable conduct amendments.

OF COUNSEL: William F. Lee WILMERHALE 60 State Street Boston, MA 02109 Tel: [phone] Mark D. Selwyn WILMERHALE 950 Page Mill Road Palo Alto, CA 94304 Tel: [phone] Kenneth H. Bridges Michael T. Pieja BRIDGES & MAVRAKAKIS LLP 540 Cowper Street, Suite 100 Palo Alto, CA Tel: [phone] Dated: February 24, 2011
1002702 / 35035

POTTER ANDERSON & CORROON LLP

By:

/s/ David E. Moore Richard L. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19899 Tel: [phone] [e-mail] [e-mail]

Attorneys for Defendant/Counterclaim-Plaintiff Apple Inc.

2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CERTIFICATE OF SERVICE I, David E. Moore, hereby certify that on February 24, 2011, the attached document was electronically filed with the Clerk of the Court using CM/ECF which will send notification to the registered attorney(s) of record that the document has been filed and is available for viewing and downloading. I hereby certify that on February 24, 2011, the attached document was electronically mailed to the following person(s) Jack B. Blumenfeld Rodger D. Smith II Morris, Nichols, Arsht & Tunnell LLP 1201 North Market Street Wilmington, DE 19899 [e-mail] [e-mail] Adam J. Biegel Keith E. Broyles Patrick J. Flinn John D. Haynes Ryan W. Koppelman Mark A. McCarty Peter Kontio Matthew D. Richardson Byron Holz Steve McNiff Coby Nixon Alston & Bird LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Alan L. Whitehurst Scott J. Pivnick The Atlantic Building 950 F Street, NW Washington, DC 20004-1404 [e-mail] [e-mail] Steven D. Hemminger Alston & Brid LLP 275 Middlefield Road, Suite 150 Menlo Park, CA 94025 [e-mail]

/s/ David E. Moore Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP [phone] [e-mail] [e-mail]
941557/35035