Google, Inc. v. EMSAT Advanced Geo-Location Technology, LLC et al

Filing 7

Motion to dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by EMSAT Advanced Geo-Location Technology, LLC, Location Based Services LLC. (Attachments: # 1 Brief in Support, # 2 Exhibit 1)(Gaum, R.)

Google, Inc. v. EMSAT Advanced Geo-Location Technology, LLC et al

Doc. 7

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION GOOGLE, INC., Plaintiff, v. EMSAT ADVANCED GEO-LOCATION TECHNOLOGY, LLC and LOCATION BASED SERVICES LLC, Defendants.

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Civil Action No. 4:09-CV-01243-PCE JUDGE PETER C. ECONOMUS

DEFENDANTS' MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) Defendants Emsat Advanced Geo-Location Technology, LLC and Location Based Services LLC, pursuant to Fed. R. Civ. P. 12(b)(1), and in accord with 28 U.S.C. § 2201(a), hereby move this Court to exercise its unique and substantial discretion and decline to hear Google's declaratory judgment action, which raises issues identical to those currently being litigated by T-Mobile before Judge Adams.

Respectfully submitted, HAHN LOESER & PARKS LLP

/s/ R. Eric Gaum Michael J. Garvin (0025394) [e-mail] R. Eric Gaum (0066573) [e-mail] Robert J. Diaz (0077232) [e-mail] 200 Public Square, Suite 2800 Cleveland, Ohio 44114-2301

Akr - 193477.1

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Dockets.Justia.com

Phone: [phone] Fax: [phone] Attorneys for Defendants Emsat Advanced GeoLocation Technology, LLC and Location Based Services LLC

CERTIFICATE OF SERVICE I hereby certify that on July 31, 2009, a copy of the foregoing was filed electronically. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ R. Eric Gaum One of the Attorneys for Defendants Emsat Advanced Geo-Location Technology, LLC and Location Based Services LLC

Akr - 193477.1

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