Antor Media Corporation v. Metacafe, Inc.

Filing 22

MOTION for Leave to File Second Amended Complaint for Patent Infringement by Antor Media Corporation. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Govett, Brett) Additional attachment(s) added on 5/4/2007 (sm, ).

Antor Media Corporation v. Metacafe, Inc.

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Case 2:07-cv-00102-DF

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Filed 05/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ANTOR MEDIA CORPORATION, PLAINTIFF, V. METACAFE, INC., ET AL., DEFENDANTS.
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CIVIL ACTION NO. 02:07CV102

JURY DEMAND

PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Antor Media Corporation ("Antor") seeks leave to file a Second Amended Complaint for Patent Infringement ("Second Amended Complaint"). A copy of the proposed Amended Complaint is attached as Exhibit A. Under the Federal Rules, leave to amend pleadings "shall be freely given when justice so requires." FED. R. CIV. P. 15(a).

On March 27, 2007, Antor filed its Original Complaint for Patent Infringement. On April 11, 2007, Antor filed its First Amended Complaint for Patent Infringement and incorrectly stated that one of its intended defendants, Discovery Communications, Inc., had a principal place of

Dockets.Justia.com

Case 2:07-cv-00102-DF

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business at 3905 West Berry Avenue, Littleton, CO 80123 and an agent for service of process as: Brian Novak, 3905 West Berry Avenue, Littleton, CO 80123. Subsequently, Antor determined that the Discovery Communications, Inc. identified in the First Amended Complaint was not the correct entity and that the correct entity, which has the same corporate name, has a principal place of business at 1 Discovery Place, Silver Spring, MD 20910 and has an agent for service of process as the Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE, 19801. As such, Antor seeks leave to file its Second Amended Complaint to correctly identify the proper Discovery Communications, Inc. entity as a defendant in this action.

Also, Antor has discovered that MacMillan Publishers, Ltd. infringes United States Patent No. 5,734,961, which Antor asserts against the already-named Defendants. As such, Antor asks the Court to allow Antor to amend its Complaint to add MacMillan Publishers, Ltd., related to already named MacMillan Publishers, Inc., as a named defendant in the interest of justice.

To date, no defendant has filed a responsive pleading in this action.

/s/Brett C. Govett Robert M. Chiaviello, Jr., Attorney-in-Charge Texas Bar No. 04190720 Email: [e-mail] Brett C. Govett Texas Bar No. 08235900 Email: [e-mail] FULBRIGHT & JAWORSKI L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201-2784 Telephone: [phone] Facsimile: [phone]

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Case 2:07-cv-00102-DF

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COUNSEL FOR PLAINTIFF ANTOR MEDIA CORPORATION OF COUNSEL S. Calvin Capshaw, III Elizabeth L. DeRieux Andrew W. Spangler BROWN McCARROLL L.L.P. 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: [phone] Facsimile: [phone]

Nicholas H. Patton J. Kurt Truelove PATTON, TIDWELL & SCHROEDER, L.L.P. 4605 Texas Blvd. Texarkana, TX 75503 Telephone: [phone] Facsimile: [phone]

T. John Ward, Jr. LAW OFFICE OF T. JOHN WARD, JR., P.C. 109 W. Tyler Longview, TX 75601 Telephone: [phone] Facsimile: [phone]

Otis W. Carroll IRELAND CARROLL & KELLEY, PC 6101 South Broadway Suite 500 Tyler, TX 75711-7879 Telephone: [phone] Facsimile: [phone]

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