Certicom Corporation et al v. Sony Corporation et al

Filing 88

Joint MOTION to Amend/Correct JOINT MOTION TO MODIFY THE DOCKET CONTROL ORDER [#62] by Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Pictures Entertainment Inc., Sony Electronics Inc., Sony DADC US Inc., Certicom Corporation, Certicom Patent Holding Corporation, Sony Corporation. (Attachments: # 1 Text of Proposed Order)(Wilcox, Melvin)

Certicom Corporation et al v. Sony Corporation et al

Doc. 88

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Certico m Corporation and Certicom Patent Holding Co rporation; 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. Civil Action No. 2:07-CV-216-TJW

JOINT MOTION TO MODIFY THE DOCKET CONTROL ORDER Plaint iff Certicom Corporation and Certicom Patent Holding Corporation (collectively, "Certicom") and Defendants 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. (collectively, "Sony") hereby move to modify the Court's August 18, 2008 Docket Control Order (Dkt. No. 62) to extend the date by which the parties must comply with Patent Rule 4-2. Pursuant to the Docket Control Order (Dkt. No. 62) entered in this case, the parties would have until February 2, 2009 to exchange preliminary claim constructions and extrinsic evidence in compliance with P.R. 4-2. The parties have exchanged proposed terms and claim elements for construction and now seek one additional week to formulate preliminary claim constructions and gather extrinsic evidence. Accordingly, both parties have agreed to extend the aforementioned

Dockets.Justia.com

deadline to February 9, 2009. This extension will not affect any other dates in the Docket Control Order.

Dated: January 29, 2009

Respect fully submitted,

By: /s/ Melvin R. Wilcox, III Melvin R. Wilcox, III Texas Bar No. 21454800 YARBROUGH WILCOX, PLLC 100 E. Ferguson, Suite 1015 Tyler, TX 75702 Tel: [phone] Fax: [phone] Email: [e-mail] m Attorney for Defendants

Dated: January 29, 2009

Respect fully submitted,

By:_/s/ Carl R. Roth by permission Melvin R. Wilcox, III 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] Robert C. Morgan Laurence S. Rogers Khue V. Hoang ROPES & GRAY LLP 1211 Avenue of the Americas New York, New York 10036-8704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Certicom Corp. and Certico m Patent Holding Corp.

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to FED. R. CIV. P. 5(d) and Local Rule CV-5(d), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by facsimile, electronic mail, and/or first class mail, on this 29th day of January, 2009. /s/ Melvin R. Wilcox, III MELVIN R. WILCOX, III

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Certico m Corporation and Certicom Patent Holding Co rporation; 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. Civil Action No. 2:07-CV-216-TJW

ORDER GRANTING JOINT MOTION TO MODIFY THE DOCKET CONTROL ORDER CAME ON THIS DAY for consideration the parties' Joint Motion to Modify the Docket Control Order, and the Court being apprised of the grounds therefor, and being of the opinion that said motion should be GRANTED, it is hereby ORDERED that the date by which the parties are to exchange preliminary claim constructions and extrinsic evidence in compliance with P.R. 4-2 is extended from February 2, 2009 to February 9, 2009.