iLOR, LLC v. Google, Inc.

Filing 52

CROSS MOTION for Summary Judgment by Google, Inc., Google, Inc. (Attachments: # 1 Declaration of Peter Kirk# 2 Proposed Order)(McGraw, Brian)

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iLOR, LLC v. Google, Inc. Doc. 52 Case 5:07-cv-00109-JMH Document 52 Filed 10/17/2007 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON Electronically Filed iLOR, LLC, Plaintiff, v. GOOGLE INC., Defendant. Civil Action No. 5:07-cv-00109-JMH DEFENDANT GOOGLE INC.'S CROSS-MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT Under Rule 56 of the Federal Rules of Civil Procedure, Defendant Google Inc. hereby cross-moves this Court for summary judgment that the accused Google Notebook product has not infringed and does not currently infringe any claim of United States Patent No. 7,206,839. To aid the Court in its consideration of the issues, Google sets forth the grounds for its summary judgment cross-motion in the attached "Defendant Google Inc.'s Consolidated Opposition to Plaintiff's Motion for Preliminary Injunction and Memorandum in Support of its Cross-Motion for Summary Judgment of No Infringement," filed concurrently under seal with this motion. Google's cross-motion is supported by the Plaintiff's Motion for Preliminary Injunction along with its attached memorandum and documents. Google further moves for oral argument on its cross-motion at a date and time to be set by the Court. Case 5:07-cv-00109-JMH Document 52 Filed 10/17/2007 Page 2 of 3 Respectfully submitted, Dated: October 17, 2007 By: s/Brian McGraw Frank E. Scherkenbach Kurt L. Glitzenstein Peter J. Kirk Matthew J. Leary Fish & Richardson, P.C. 225 Franklin Street Boston, MA 02110-2804 Phone: (617) 542-2804 Facsimile: (617) 542-8906 James R. Higgins, Jr. (KBA No. 31790) Brian P. McGraw (KBA No. 90447) Middleton Reutlinger 2500 Brown & Williamson Tower Louisville, KY 40202-3410 Phone: (502) 584-1135 Facsimile: (502) 561-0442 ATTORNEYS FOR DEFENDANT GOOGLE INC. 21762006.doc 2 Case 5:07-cv-00109-JMH Document 52 Filed 10/17/2007 Page 3 of 3 CERTIFICATE OF SERVICE It is hereby certified that I electronically filed the foregoing Cross-Motion for Summary Judgment of No Infringement with the clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to the following: David E. Schmit Eleanor Maria Farrell Schalnat William S. Morriss Frost Brown Todd LLC 2200 PNC Center 201 E. Fifth Street Cincinnati, OH 45202-4182 Telephone: 513-651-6985 Facsimile: 513-651-6981 Attorneys for Defendant iLOR, LLC s/Brian McGraw _________________________________ ONE OF COUNSEL FOR DEFENDANT GOOGLE, INC. 3

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