STC.UNM v. Intel Corporation

Filing 176

DECLARATION re 175 Response in Opposition to Motion,, of Brian L. Ferrall in Support of Intel's Opposition to STC's Motion to Strike and Dismiss Intel's Invalidity Affirmative Defense and Counterclaim by Intel Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K - part 1, # 12 Exhibit K - part 2, # 13 Exhibit L)(Atkinson, Clifford)

Trevor White
From:

Franks, Tim (Perkins Coie) [[e-mail]]

Sent:

Thursday, December 29, 2011 3:08 PM

To:

UNM2-Intel Client

Subject:

FW: STC v. Intel - Draft Motion to Strike

Attachments: Motion to Strike Counterclaim and Defenses.docx

From: George Summerfield [mailto:[e-mail]]
Sent: Thursday, December 29, 2011 4:07 PM
To: Franks, Tim (Perkins Coie); [e-mail]; [e-mail]
Cc: Rolf Stadheim; Joe Grear; Keith Vogt; Steve Pedersen
Subject: STC v. Intel - Draft Motion to Strike
All Recent caselaw suggests that a defendant can no longer plead a laundry list of affirmative
defenses/counterclaims with no specificity attendant thereto. Attached is a draft motion directed to those
defenses and counterclaims asserted by Intel that run afoul of this prohibition. We would like to avoid
bothering the Court with this motion, if possible. We also see this is a good opportunity for eliminating
the defenses and counterclaims that Intel does not intend to pursue seriously. To that end, please let us
know by January 3rd whether Intel will re-file its latest amended answer and counterclaims to provide the
requisite specificity to the defenses and counterclaims that it intends to pursue, and to remove those
defenses and counterclaims for which Intel cannot provide the requisite specificity.
If we have not heard from you by close of business on January 3, we will assume that you will not be
amending your answer and counterclaim, and will file the attached motion.
Regards,
George

George C. Summerfield
STADHEIM & GREAR
400 North Michigan Avenue
Suite 2200
Chicago, Illinois 60611
[phone]

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EXHIBIT I
1/17/2012