STC.UNM v. Intel Corporation

Filing 95

MOTION for Leave to File To File A Supplemental Submission In Support of Motion to Compel by STC. UNM. (Attachments: # 1 STC's Supplemental Submission In Support of Motion to Compel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(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'S MOTION FOR LEAVE TO FILE A
SUPPLEMENTAL SUBMISSION IN SUPPORT OF MOTION TO COMPEL

Pursuant to Local Rule 7.4(b), STC seeks leave of the Court to file a short submission in
response to statements made by Intel’s counsel during oral argument. As shown in the
accompanying memorandum, Intel’s counsel made misrepresentations to the Court concerning
the holding in Merck & Co., Inc. v. Mediplan Health that it specifically rejected AME damages
for reasonable royalties when it did not. Also, Merck’s brief in that case cited a decision where
AME royalty damages were awarded.

Dated: May 25, 2011

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 Conference: The undersigned conferred with counsel for Intel regarding the
instant motion. Intel does not consent to the motion.
/s/ Steven R. Pedersen

Certificate of Service: I hereby certify that on May 25, 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

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