Prism Technologies v. Adobe Systems Incorporated et al

Filing 412

ORDER regarding MOTION for Attorney Fees Motion for Sanctions 348 filed by National Instruments Corporation. Prism will have until December 23, 2011, to file a surreply brief for the limited purpose of addressing the issue of attorney fees as discussed in National Instruments Exhibit 1, Filing No. 399 . Ordered by Senior Judge Lyle E. Strom. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES, LLC,

)
)
Plaintiff,
)
)
v.
)
)
ADOBE SYSTEMS, INCORPORATED, )
AUTODESK, INC.; McAFEE, INC., )
NATIONAL INSTRUMENTS
)
CORPORATION; SAGE SOFTWARE,
)
INC., SYMANTEC CORPORATION;
)
THE MATHWORKS, INC., and
)
TREND MICRO INCORPORATED,
)
)
Defendants.
)
______________________________)

8:10CV220

ORDER

This matter is before the Court on the motion for
sanctions filed pursuant to Federal Rule of Civil Procedure 30(g)
by defendant National Instruments Corporation (“National
Instruments”) against plaintiff Prism Technologies, LLC (“Prism”)
(Filing No. 348), with accompanying brief and index of evidence
(Filing Nos. 349 and 350).

Prism filed an opposing brief with

index of evidence (Filing Nos. 388 and 389), and National
Instruments filed a reply brief with index of evidence (Filing
Nos. 398 and 399).
In its brief in opposition, Prism requested the
opportunity to respond with a surreply brief in the event that
National Instruments filed new evidence in its reply brief to
support its claim for attorney fees.

National Instruments did

file a supplemental declaration in the index of evidence

accompanying its reply brief with additional evidence regarding
attorney fees.
The Court finds that Prism should be allowed the
opportunity to file a surreply brief for the limited purpose of
addressing the issue of attorney fees as discussed in Exhibit 1,
Filing No. 399.

Accordingly,

IT IS ORDERED that Prism will have until December 23,
2011, to file a surreply brief for the limited purpose of
addressing the issue of attorney fees as discussed in National
Instruments’ Exhibit 1, Filing No. 399.
DATED this 16th day of December, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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