STC.UNM v. Intel Corporation

Filing 243

RESPONSE in Opposition re 239 MOTION for Leave to File Surreply STC.UNM'S RESPONSE TO SANDIA CORPORATION'S MOTION FOR LEAVE TO FILE SURREPLY filed by STC. UNM. (Vogt, Keith)

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 RESPONSE TO SANDIA CORPORATION’S MOTION
FOR LEAVE TO FILE SURREPLY
STC objects to Sandia’s request to file a sur-reply for the following reasons.
First, Sandia says its sur-reply is needed to address the declaration of Dr. Julia Fulghum.
However, the proposed filing contains no counter-declaration. Instead, Sandia only submitted
unsupported attorney argument. As a result, it should not be entertained by the Court.
Second, Sandia says the sur-reply is needed to address STC’s contention that the
Commercialization Agreement granted it right to enforce the subject Intellectual Property.
However, the interpretation of the contract is an issue that has been fully briefed by Sandia, Intel,
and STC. That Sandia failed to raise in its prior submission the arguments it now wants to make
is no justification for the filing of a sur-reply.

Dated: August 29, 2012

Respectfully submitted,

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

/s/ Keith A. Vogt
Keith A. Vogt
Rolf O. Stadheim
Joseph A. Grear
George C. Summerfield
Steven R. Pedersen
STADHEIM & GREAR, LTD.
400 N. Michigan Avenue, Suite 2200
Chicago, Illinois 60611
Telephone: [phone]
Facsimile: [phone]

Raúl A. Carrillo Jr.

CARILLO LAW FIRM, P.C.
937 East Lohman
Las Cruces, New Mexico 88001
Telephone: [phone]

Attorneys for Plaintiff STC.UNM

CERTIFICATE OF SERVICE
I hereby certify that on August 29, 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/ Keith A. Vogt
Keith A. Vogt
STADHEIM & GREAR, LTD.

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