FotoMedia Technologies, LLC v. AOL, LLC. et al

Filing 44

***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE*** MOTION for Joinder CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE by CNET Networks, Inc.. (Michael, Patrick) Modified on 9/10/2007 (mpv, ).

FotoMedia Technologies, LLC v. AOL, LLC. et al

Doc. 44

Case 2:07-cv-00255-TJW-CE

Document 44

Filed 09/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

FOTOMEDIA TECHNOLOGIES, INC. Plaintiff, vs. AOL LLC, AMERICA ONLINE, INC., PHOTOBUCKET.COM, INC., SHUTTERFLY, INC., CNET NETWORKS, INC. AND YAHOO! INC. Defendants.

Civil Action No. 2:07-cv-00255-TJW-CE JURY TRIAL DEMANDED

CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE CNET NETWORKS, INC. ("CNET") adopts and joins in for all purposes Photobucket Inc.'s Motion to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) or, in the Alternative, Motion for a More Definite Statement, and Motion to Strike, and Memorandum of Points and Authorities in Support Thereof ("Motion"), and in support thereof, would show the Court as follows: On September 7, 2007, Photobucket Inc. filed its Motion. To best serve justice and avoid unnecessary or duplicative effort, time, or expense to the Court and the parties involved, CNET now adopts and joints in the Motion in its entirety, including any and all contents, statements, and arguments. For all reasons stated in the Motion, CNET requests that the Court either dismiss Plaintiff FotoMedia Technologies, LLC's ("Plaintiff") claims for inducement, contributory infringement, and willful infringement or require Plaintiff to replead to allow CNET to properly respond to Plaintiff's complaint.
CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE

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Dockets.Justia.com

Case 2:07-cv-00255-TJW-CE

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Filed 09/07/2007

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Wherefore, CNET respectfully requests this Court to permit CNET to join in and adopt the Motion in its entirety; grant the relief requested in the Motion; and grant CNET such other and further relief, at law and in equity, to which it may be entitled.

DATED: September 7, 2007

Respectfully submitted,

By: _/s/ Patrick T. Michael___________ Patrick T. Michael (pro hac vice) [e-mail] Beth L. Mitchell (pro hac vice) [e-mail] Laura K. Carter (pro hac vice) [e-mail] Attorneys for Defendant CNET Networks, Inc. NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, CA 94111 Tel: [phone] Fax: [phone] G. William Lavender LAVENDER LAW Landmark Building 210 N. State Line Avenue, Suite 503 Texarkana, AR 71854 Tel: [phone] Fax: [phone] [e-mail]

CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE

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10717907.1

Case 2:07-cv-00255-TJW-CE

Document 44

Filed 09/07/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on September 7, 2007, a copy of the foregoing CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE was served electronically, via CM/ECF, on all counsel of record below who are deemed to have consented to such service under the Court's local rules. Any other counsel of record will be served via facsimile and certified mail, return receipt requested. Mike McKool, Jr. Lewis T. LeClair McKool Smith PC 300 Crescent Court, Suite 1500 Dallas, TX 75201 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Sam F. Baxter McKool Smith PC 505 E. Travis, Suite 105 Marshall, TX 75670 Tel: [phone] Fax: [phone] [e-mail] Travis Gordon White John Shumaker Ivan Wang McKool Smith PC 300 W. 6th Street, Suite 1700 Austin, TX 78701 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Fotomedia Technologies, Inc. Darryl M. Woo Heather N. Mewes Fenwick & West LLP 555 California Street, 12th Floor San Francisco, CA 94104 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Tyler Baker Joseph Belichick Fenwick & West LLP 801 California Street Mountain View, CA 94041 [e-mail] [e-mail] Attorneys for Defendant Shutterfly, Inc.

/s/ Kim Love Kim Love

__________

CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE

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