STC.UNM v. Intel Corporation

Filing 196

Unopposed MOTION for Leave to File A Two Page Surreply by STC. UNM. (Attachments: # 1 Exhibit A_Part 1, # 2 Exhibit A_Part 2)(Pedersen, Steven)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
STC.UNM,
Plaintiff,
v.
INTEL CORPORATION,

Civil No. 10-CV-01077-RB-WDS

Defendant.

STC.UNM'S UNOPPOSED MOTION FOR LEAVE
TO FILE A TWO PAGE SURREPLY
STC.UNM seeks leave of the Court to file a short surreply (Ex A) to new evidence submitted
by Intel in its Reply in Support of its Motion for Summary Judgment. (Doc. 192). See Doebele v.
Sprint/United Mgmt. Co., 342 F.3d 1117, 1139 n.13 (10th Cir. 2003) (when new evidence or
arguments are presented in a reply brief, the district court must either disregard the reply or allow
the opposing party to file a surreply); Billsie v. Brooksbank, 525 F. Supp. 2d 1290, 1292 (D.N.M.
2007)(“Moreover, because Defendant Brooksbank's Reply to Plaintiff's Opposition introduces
new evidence to support his original motion, I GRANT Plaintiff leave to file a surreply.”). The
new evidence (Ex EE) is a printout of summary information obtained from a USPTO database
that appears to have been prepared on February 16, 2012 – two weeks after STC.UNM filed its
responsive brief. (Doc. 187). The surreply, attached as Ex A, also briefly addresses Intel’s
mischaracterization of the law regarding inventorship and patent ownership.
Intel does not oppose the filing of the attached surreply, so long as STC.UNM does not
oppose Intel’s filing of a sur-surreply, which STC.UNM does not oppose. STC.UNM submits,
however, that Intel’s apparent need to file a third brief only suggests Intel’s proofs from the
underlying motion have not satisfied the requirements for summary judgment.

Dated: March 6, 2012

Respectfully submitted,

Deron B. Knoner
KELEHER & MCLEOD, P.A
201 Third Street NW, 12th Floor
PO Box AA
Albuquerque, New Mexico 87103
[phone]

/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
[phone]

Attorneys for Plaintiff STC.UNM
Certificate of Service: I hereby certify that on March 6, 2012, 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

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