Certicom Corporation et al v. Sony Corporation et al

Filing 46

MOTION for Leave to File Agreed Motion for Leave to file its Amended Disclosure of Asserted Claims and Infringement Contentions by Certicom Corporation, Certicom Patent Holding Corporation. (Attachments: # 1 Affidavit of Robert Morgan, # 2 Exhibit 1 to Morgan Declaration, # 3 Text of Proposed Order)(Roth, Carl)

Certicom Corporation et al v. Sony Corporation et al

Doc. 46

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ) ) ) ) ) Plaintiffs, ) ) v. ) ) SONY CORPORATION, SONY CORPORATION OF AMERICA, SONY ) COMPUTER ENTERTAINMENT INC., ) SONY COMPUTER ENTERTAINMENT ) ) AMERICA INC., SONY PICTURES ) ENTERTAINMENT INC., SONY ELECTRONICS INC. and SONY DADC ) ) US INC. ) ) Defendants. CERTICOM CORP. and CERTICOM PATENT HOLDING CORP.,

Civil Action No. 2-07CV-216-TJW JURY

CERTICOM'S AGREED-TO MOTION FOR LEAVE TO FILE ITS AMENDED DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS By agreement of the parties, Plaintiffs Certicom Corp. and Certicom Patent Holding Corp. ("Certicom") respectfully request leave to serve its Amended Disclosure of Asserted Claims and Infringement Contentions upon Defendants Sony Corporation ("Sony Japan"), Sony Corporation of America ("Sony America"), Sony Computer Entertainment Inc. ("SCE Japan"), Sony Computer Entertainment America Inc. ("SCE America"), Sony Pictures Entertainment Inc. ("Sony Pictures"), Sony Electronics Inc. ("Sony Electronics"), and Sony DADC US Inc. ("Sony DADC") (collectively "Sony"). Certicom filed its original Disclosure on March 11, 2008. The amendments to the Disclosures is based information that Certicom has learned since filing its original Disclosure.

Dockets.Justia.com

The Amended Disclosure does not change the identification of the patents, the patent claims, or the accused products identified in Certicom's original Disclosure. Counsel for Certicom provided counsel for Sony with a courtesy copy of the proposed Amended Disclosure of Asserted Claims and Preliminary Infringement Contentions on June 9, 2008. Counsel for Sony informed counsel for Certicom, on June 11, 2008, that Sony consents to this motion to file the Amended Disclosure. A copy of the Amended Disclosure is attached to the supporting Declaration of Robert C. Morgan, submitted concurrently herewith. Respectfully submitted, Dated: June 12, 2008 ROPES & GRAY LLP By:___________________________ Robert C. Morgan Laurence S. Rogers Matthew A. Traupman 1211 Avenue of the Americas New York, New York 10036-8704 Telephone: [phone] Facsimile: [phone] THE ROTH LAW FIRM Carl R. Roth Texas Bar No. 17312000 Brendan C. Roth Texas Bar No. 24040132 Amanda A. Abraham Texas Bar No. 24055077 115 N. Wellington, Suite 200 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Certicom Corp. and Certicom Patent Holding Corp.

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) this 12th day of June, 2008. Any other counsel of record will be served by facsimile transmission and/or first class mail.

________________________________ Carl R. Roth