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

Filing 43

Of Efforts To Reach An Accord STATEMENT by Fish & Richardson P.C. (Bradford, David)

Illinois Computer Research, LLC v. Google Inc.

Doc. 43

Case 1:07-cv-05081

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION ILLINOIS COMPUTER RESEARCH, LLC, Plaintiff and Counterclaim Defendant v. GOOGLE, INC., Defendant, and FISH & RICHARDSON P.C., Defendant, Counterclaimant and Third-Party Plaintiff, v. SCOTT C. HARRIS, Third-Party Defendant and Counterclaimant, v. FISH & RICHARDSON P.C., Defendant, Counterclaimant, ThirdParty Plaintiff and Counterclaim Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07 C 5081 Judge Pallmeyer Magistrate Judge Valdez

STATEMENT OF EFFORTS TO REACH AN ACCORD I am one of the attorneys for Fish & Richardson P.C. in this action. I hereby certify that counsel for Fish & Richardson P.C. have conferred in good faith with counsel for Illinois Computer Research, LLC and Scott C. Harris in an effort to secure Fish & Richardson's requested discovery without Court action. 1. On October 4, 2007, I wrote to Lynne Lasry, counsel for Scott C. Harris,

requesting that Mr. Harris immediately produce all documents relating to any purported transfer of Mr. Harris' alleged rights or interests in any intellectual property rights that were acquired,

Dockets.Justia.com

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conceived of, or prosecuted before the United States Patent & Trademark Office during the period Mr. Harris was a principal at Fish & Richardson. Counsel for Mr. Harris refused to produce the requested documents. 2. On October 8, 2007 I wrote to Raymond P. Niro, of Niro, Scavone, Haller & Niro

(the "Niro Firm"), counsel for Mr. Harris and Illinois Computer Research, LLC ("ICR") and requested a copy of the Patent Sale Agreement referenced in ICR's amended complaint. The Niro Firm refused to produce the requested document. 3. On November 13, 2007 my colleague Terrence J. Truax, counsel for Fish &

Richardson, wrote to David Sheikh of the Niro Firm, again requesting a copy of the agreements purporting to transfer Mr. Harris' interests in the patents at issue in this case. The Niro Firm refused to produce the requested documents. 4. On November 16, 2007, the parties conducted a telephonic Rule 26(f) conference.

During that telephone call, my colleagues Mr. Truax, Eric A. Sacks, and I again requested a copy of the Patent Sale Agreement referenced in ICR's amended complaint. The Niro Firm refused to produce the requested documents. 5. The parties are at an impasse concerning the immediate production of the

requested documents.

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Dated: November 19, 2007

Respectfully submitted, FISH & RICHARDSON P.C. By: s/ David J. Bradford [e-mail] One of Its Attorneys

David J. Bradford, Esq. Terrence J. Truax, Esq. Eric A. Sacks, Esq. Daniel J. Weiss, Esq. JENNER & BLOCK LLP 330 North Wabash Avenue Chicago, IL 60611 Telephone No: 312 222-9350 Facsimile No: 312 527-0484

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CERTIFICATE OF SERVICE I, David J. Bradford, an attorney, caused the foregoing to be filed with the Court by means of the Court's CM/ECF system, which will send notification of such filing to the following counsel at their e-mail address on file with the Court: Raymond P. Niro Paul K. Vickrey Richard B. Megley, Jr. Karen L. Blouin Niro, Scavone, Haller & Niro 181 W. Madison, Suite 4600 Chicago, Illinois 60602 Counsel for Illinois Computer Research, LLC and Mr. Scott C. Harris Steven L. Platt Arnold and Kadjan 19 West Jackson Blvd., Suite 300 Chicago, IL 60604 [phone] Counsel for Mr. Scott C. Harris

This the 19th day of November, 2007,

s/David J. Bradford [e-mail] JENNER & BLOCK LLP 330 North Wabash Avenue Chicago, Illinois 60611 Telephone No: 312 222-9350 Facsimile No: 312 527-0484