STC.UNM v. Intel Corporation

Filing 101

Unopposed MOTION for Leave to File A Submission of Supplemental Authority by STC. UNM. (Attachments: # 1 STC'S SUBMISSION OF SUPPLEMENTAL AUTHORITY OF AN EN BANC FEDERAL CIRCUIT DECISION IN SUPPORT OF ITS 12(b)(6) MOTION TO DISMISS INTEL'S COUNTERCLAIM AND AFFIRMATIVE DEFENSE FOR INEQUITABLE CONDUCT)(Pedersen, Steven)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO STC.UNM, Plaintiff, v. INTEL CORPORATION, Civil No. 10-CV-01077-RB-WDS Defendant. STC'S UNOPPOSED MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY OF AN EN BANC FEDERAL CIRCUIT DECISION IN SUPPORT OF ITS 12(b)(6) MOTION TO DISMISS INTEL'S COUNTERCLAIM AND AFFIRMATIVE DEFENSE FOR INEQUITABLE CONDUCT Last week, the Federal Circuit issued an en banc decision dramatically tightening the elements, including materiality, of the defense of inequitable conduct, the basis for Plaintiff's pending Rule 12(b)(6) motion (Doc. No. 45). Plaintiff seeks leave to file a short brief explaining the extreme relevance of the case (brief is attached hereto). Intel does not oppose the instant motion for leave so long as it may submit a short response to STC's supplemental submission, which is reflected in the proposed order submitted herewith.   1   Dated: June 3, 2011 Respectfully submitted, /s/ Steven R. Pedersen Rolf O. Stadheim Joseph A. Grear George C. Summerfield Keith A. Vogt Steven R. Pedersen STADHEIM & GREAR, LTD. 400 N. Michigan Avenue, Suite 2200 Chicago, Illinois 60611 (312) 755-4400 Deron B. Knoner KELEHER & MCLEOD, P.A 201 Third Street NW, 12th Floor PO Box AA Albuquerque, New Mexico 87103 (505) 346-4646 Attorneys for Plaintiff STC.UNM Certificate of Service: I hereby certify that on June 3, 2011, I caused the foregoing to be electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing via electronic mail to all counsel of record. /s/ Steven R. Pedersen   2  

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