Certicom Corporation et al v. Sony Corporation et al

Filing 89

Consent MOTION for Leave to File SONY'S AGREED-TO MOTION FOR LEAVE TO SERVE ITS SECOND AMENDED PATENT INVALIDITY CONTENTIONS by Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Pictures Entertainment Inc., Sony Electronics Inc., Sony DADC US Inc., Sony Corporation, Sony Corporation of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 2nd Amd Invalidity Contentions, # 3 Exhibit A to 2d Amd Invalidity Contentions, # 4 Exhibit B to 2d Amd Invalidity Contentions, # 5 Affidavit Qualey Declaration)(Wilcox, Melvin)

Certicom Corporation et al v. Sony Corporation et al

Doc. 89

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION CERTICOM CORP. and CERTICOM PATENT HOLDING CORP., Plaint iff, 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) JURY UNOPPOSED

SONY'S AGREED-TO MOTION FOR LEAVE TO SERVE ITS SECOND AMENDED PATENT INVALIDITY CONTENTIONS By agreement of the parties, 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") respectfully request for leave to serve its Second Amended Patent Invalidity Contentions pursuant to P.R. 3-6(b). Pursuant to P.R. 3-3, Sony served its Patent Invalidity Contentions on April 24, 2008. Sony subsequently served its Amended Patent Invalidity Contentions in accordance with the Court's Order (D.I. 51) on July 11, 2008. Sony's current amendments are based on new controlling authority and information that Sony has learned since serving its Amended Patent Invalidit y Contentions.

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Counsel for Certicom was provided with a copy of the proposed Second Amended Patent Invalidit y Contentions on January 9, 2009. On January 28, 2009, counsel for Certicom informed counsel for Sony that Certicom consents to this motion to serve the amended contentions but that Certicom's consent to the motion for leave to serve does not indicate agreement with the amended contentions. A copy of the Second Amended Patent Invalidity Contentions and a supporting Declaration of Paul T. Qualey are submitted concurrently herewith. 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 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