Sprint Communications Company LP v. Vonage Holdings Corp., et al

Filing 198

MOTION for Partial Summary Judgment by Plaintiff Sprint Communications Company LP. (Seitz, Adam) (Motion title modified on 5/16/2007. (mg))

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Sprint Communications Company LP v. Vonage Holdings Corp., et al Doc. 198 Case 2:05-cv-02433-JWL Document 198 Filed 05/15/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SPRINT COMMUNICATIONS COMPANY L.P., ) ) ) Plaintiff, ) ) v. ) ) VONAGE HOLDINGS CORP., VONAGE AMERICA, INC., ) ) ) Defendants. ) ) ) ) Case No. 05-2433-JWL SPRINT'S MOTION FOR PARTIAL SUMMARY JUDGMENT Sprint Communications Company L.P. ("Sprint") hereby moves the Court for partial summary judgment against the above-named defendants and counterplaintiffs pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1. Accompanying this motion are the following: Sprint's Brief in Support of Its Partial Motion for Summary Judgment, which includes Sprint's Statement of Undisputed Material Facts, Sprint's Exhibit List and exhibits, and the Declaration of Adam P. Seitz. Each is incorporated by reference as if fully set forth herein. WHEREFORE, Sprint requests the following relief: 1. That the Court grant summary judgment in favor of Sprint and against the above-named defendants and counterplaintiffs as follows: a. Vonage's Second Affirmative Defense is Appropriate for Summary Judgment Because Vonage Has No Admissible Evidence To Prove Sprint's Patents Fail To Comply With 35 U.S.C. § 112, ¶ 2; Vonage's Seventh Affirmative Defense Is Duplicative Of Its Second Affirmative Defense And Summary Judgment Is 1 2463428v1 b. Dockets.Justia.com Case 2:05-cv-02433-JWL Document 198 Filed 05/15/2007 Page 2 of 4 Appropriate Because Vonage Has No Evidence Supporting Either Defense; c. Vonage Has No Proof Supporting Its Claims that the Doctrines of Laches, Estoppel, and Acquiescence Bar Sprint's Claims And Summary Judgment Is Appropriate On its Fifth Affirmative Defense; Vonage Should Be Precluded From Asserting Prosecution Laches Because It Has No Proof Supporting Its Claim And This Defense Was Raised For The First Time After The Close Of Discovery; Vonage's Allegations Under the Doctrines of Unclean Hands (Vonage's Sixth Affirmative Defense) and Patent Misuse (Vonage's Eighth Affirmative Defense) Are Legally Defective; Vonage's Allegations Under 35 U.S.C. § 287 (Vonage's Ninth Affirmative Defense) Are Legally Defective; Summary Judgment Is Appropriate On Vonage's 35 U.S.C. § 101 "Defense" Because Vonage Has No Evidence Supporting Its Claims; Vonage's "Unenforceability" Claims Fail Because Vonage Has Not Pled Any Facts Supporting Such A Claim; Vonage Should Be Precluded From Asserting Any "Additional Defenses;" and Vonage's Defense and Counterclaim for Non-Infringement Must Fail Because Its Expert Is Not Qualified To Provide Testimony On The Necessary Subjects. d. e. f. g. h. i. j. 2. 3. Award Sprint its costs and attorney fees as allowed by law; and For any other relief that the Court deems just and reasonable. 2 2463428v1 Case 2:05-cv-02433-JWL Document 198 Filed 05/15/2007 Page 3 of 4 Respectfully submitted, Dated: May 15, 2007 _/s/ Adam P. Seitz___________________ B. Trent Webb, KS Bar No. 15965 Eric A. Buresh, KS Bar No. 19895 Adam P. Seitz, KS Bar No. 21059 SHOOK, HARDY & BACON L.L.P. 2555 Grand Boulevard Kansas City, Missouri 64108-2613 (816) 474-6550 Telephone (816) 421-5547 Facsimile Attorneys for Plaintiff SPRINT COMMUNICATIONS L.P. COMPANY 3 2463428v1 Case 2:05-cv-02433-JWL Document 198 Filed 05/15/2007 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on this 15th day of May, 2007, a true and accurate copy of the above and foregoing SPRINT'S MOTION FOR SUMMARY JUDGMENT was e-filed with the Court, which sent notice to the following: Don R. Lolli Patrick J. Kaine Dysart Taylor Lay Cotter & McMonigle P.C. 4420 Madison Avenue Kansas City, Missouri 64111 Patrick D. McPherson Patrick C. Muldoon Barry Golob Duane Morris LLP 1667 K. Street N.W. Washington, DC 20006-1608 Attorneys for Defendants Vonage Holdings Corp. and Vonage America, Inc. _/s/ _Adam P. Seitz___________________________ Attorneys for Sprint Communications Company L.P. 4 2463428v1

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