Red Bend Software, Inc. et al v. Google

Filing 42

Assented to MOTION for Leave to File Excess Pages by Google Inc..(Magee, David)

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Red Bend Software, Inc. et al v. Google Doc. 42 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. GOOGLE INC., Counterclaim-Plaintiff, v. RED BEND LTD. and RED BEND SOFTWARE INC., Counterclaim-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09-cv-11813 GOOGLE INC.'S ASSENTED TO MOTION FOR LEAVE TO FILE A MEMORANDUM IN EXCESS OF PAGE LIMIT Pursuant to Local Rule 7.1(b)(4), Defendant and Counterclaim-Plaintiff Google, Inc. moves for leave to file a memorandum of up to thirty (30) pages in opposition to Red Bend's Motion for Preliminary Injunction ("Opposition Memorandum"). The Opposition Memorandum is due to be filed this Friday, February 26, 2010. As grounds for this Motion, Google states that it is unable to adequately brief the necessary topics within the twenty-page limit set by the Court in Local Rule 7.1(b)(4). Google's Opposition Memorandum explains Plaintiff's patented technology, Google's non-infringement positions, numerous prior art references, how those references render Plaintiff's patent invalid, how Plaintiff has failed to show that it is likely to be irreparably injured, and that Plaintiff cannot meet its burden for injunctive relief. As a result of the extensive factual background, experts' analyses, complexity of the issues, and in order to fully apprise the Court of the legal and factual reasons why Plaintiff's Motion for a Preliminary Injunction should be denied, the requested page A/73302520.1/3005005-0000343244 extension is appropriate. WHEREFORE, Google respectfully requests that the Court grant its motion for leave to file its Opposition Memorandum of up to thirty (30) pages. LOCAL RULE 7.1 and 37.1 CERTIFICATION Pursuant to Local Rules 7.1(A)(2) and 37.1(A), counsel for the parties certify that they have conferred. Counsel for Plaintiff assents to this motion. Respectfully Submitted, GOOGLE, INC. By its attorneys, /s/ David M. Magee Jonathan M. Albano, BBO # 013850 David M. Magee, BBO # 652399 BINGHAM McCUTCHEN LLP One Federal Street Boston, MA 02110-1726, U.S.A. 617.951.8000 William F. Abrams BINGHAM McCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 650.849.4400 Robert C. Bertin Susan Baker Manning Elizabeth B. Austern BINGHAM McCUTCHEN LLP 2020 K Street, NW Washington, DC 20006-1806 202.373.6000 Dated: February 23, 2010 . A/73302520.1/3005005-0000343244 -2- Certificate of Service I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants, by federal express, on February 23, 2010. /s/ David M. Magee David M. Magee, BBO # 652399 A/73302520.1/3005005-0000343244 -3-

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