Function Media, L.L.C. v. Google, Inc. et al

Filing 107

Unopposed MOTION for Leave to File Excess Pages by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)

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Function Media, L.L.C. v. Google, Inc. et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA LLC Plaint iff, vs. GOOGLE INC. AND YAHOO!, INC. Defendants. Civil Action No. 2007-CV-279 Jury Trial Demanded PLAINTIFF'S UNOPPOSED MOTION FOR AN EXTENSION OF THE PAGE LIMITATIONS APPLICABLE TO ITS MARKMAN REPLY BRIEF Plaint iff Function Media LLC ("FM") files this Unopposed Motion for an Extension of the Page Limitations Applicable to its Markman Reply Brief. Local Rule CV-7(a)(1), in conjunction with Patent Rule 4-5(e), provides that a reply brief shall not exceed ten pages unless otherwise ordered by the Court. FM respectfully requests that the Court grant leave for FM to file a reply brief not to exceed twenty pages (excluding exhibits). The above-captioned litigation involves three patents-in-suit and several claimconstruction disputes. This Court has previously granted FM's unopposed request for an extension of the page limits applicable to its Opening Brief and Defendant Google Inc.'s unopposed request for an extension of the page limits applicable to its Response Brief. FM believes that a similar extension is necessary with respect to the Reply Brief. Google does not oppose the relief requested herein.1 Dated: June 3, 2009 Respect fully submitted, /s/ Max L. Tribble, Jr. ________________________________ Max L. Tribble, Jr. 1 Defendant Yahoo!, Inc. is no longer a party to the litigation. State Bar No. 20213950 Email: SUSMAN GODFREY LLP 1000 Louisiana, Suite 5100 Houston, Texas, 77002 Telephone: (713) 651-9366 Facsimile: (713) 654-6666 Lead Attorney for Plaintiff OF COUNSEL: Joseph S. Grinstein State Bar No. 24002188 Email: SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002-5096 Telephone: (713) 651-9366 Fax: (713) 654-6666 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing has been served via ECF on counsel of record, this 3rd day of June, 2009. /s/ Jeremy J. Brandon _________________________________ Jeremy J. Brandon CERTIFICATE OF CONFERENCE The undersigned hereby certifies that, in compliance with Local Rule CV-7(h), counsel for Function Media, Jeremy Brandon, met and conferred in good faith with counsel for Google Inc, Jason Wolff, via email on June 3, 2009. Counsel for Google indicated that he does not oppose the relief requested herein. /s/ Jeremy J. Brandon _______________________________________ Jeremy J. Brandon 2

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