Illinois Computer Research, LLC v. Fish & Richardson, et al,

Filing 164

MOTION by Plaintiff Illinois Computer Research, LLC, Counter Claimants Illinois Computer Research, LLC, Scott C Harris, Scott C Harris, Counter Defendants Illinois Computer Research, LLC, Scott C Harris, Illinois Computer Research, LLC, Third Party Defendant Scott C Harris to dismiss for lack of jurisdiction (Kenneally, Laura)

Illinois Computer Research, LLC v. Google Inc.

Doc. 164

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ILLINOIS COMPUTER RESEARCH, LLC., Plaintiff and Counterclaim Defendant, v. FISH & RICHARDSON P.C., Defendant, Counterclaimant, Third-Party Plaintiff and Counterclaim Defendant, v. SCOTT C. HARRIS, MEMORY CONTROL ENTERPRISE, LLC, BARTEX RESEARCH, LLC, INNOVATIVE BIOMETRIC TECHNOLOGY, LLC, PARKER INNOVATIVE TECHNOLOGIES, LLC, VIRGINIA INNOVATIVE TECHNOLOGY, LLC, INNOVATIVE PATENTED TECHNOLOGY, LLC AND ANY JOHN DOE SHELL ENTITIES, Third-Party Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 07 C 5081 Honorable Rebecca R. Pallmeyer Magistrate-Judge Maria Valdez

BARTEX RESEARCH, LLC'S MOTION TO DISMISS FISH & RICHARDSON'S AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) FOR LACK OF PERSONAL JURISDICTION As Fish & Richardson ("Fish") notes in its Amended Counterclaim And Third-Party Complaint (filed as Exhibit A to Court Docket Entry 99), BarTex is a Texas limited liability company whose sole member is James B. Parker. BarTex's only office is in Longview, Texas. It owns no property in Illinois, has no offices here, does no business here and has no bank accounts here. Scott

Harris, a California resident, sold one patent to BarTex ­ U.S. Patent No. 6,666,377 ­ which has been asserted against non-Fish clients FedEx Corporation, FedEx Express Corporation, FedEx Ground Package System, Inc.

Dockets.Justia.com

and FedEx Kinko's Office and Print Services, Inc. in the United States District Court for the Eastern District of Texas, Tyler Division. There is no basis to exercise personal jurisdiction over BarTex in this judicial district. Hence, Fish's claims against BarTex should be dismissed. Respectfully submitted, s/Laura A. Kenneally Raymond P. Niro Paul K. Vickrey David J. Sheikh Richard B. Megley, Jr. Laura A. Kenneally Niro, Scavone, Haller & Niro 181 West Madison, Suite 4600 Chicago, Illinois 60602-4635 [phone] Fax: [phone] Attorneys for Illinois Computer Research, LLC and Scott C. Harris

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CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the foregoing BARTEX RESEARCH, LLC'S MOTION TO DISMISS FISH & RICHARDSON'S AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) FOR LACK OF PERSONAL JURISDICTION was electronically filed with the Clerk of Court using CM/ECF system, which will send notification by electronic mail to the following: David J. Bradford - [e-mail];;; Eric A. Sacks - [e-mail] Daniel J. Weiss - [e-mail] Terrence J. Truax - [e-mail] Jenner & Block LLP 330 N. Wabash Avenue Chicago, IL 60611 [phone] Counsel for Fish & Richardson, P.C. on May 13, 2008. /s/Laura A. Kenneally

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