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

Filing 146

MOTION for Judgment on the Pleadings Regarding Google's Inequitable Conduct Allegations by Function Media, L.L.C.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Grinstein, Joseph)

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EXHIBIT C From: ,Ioãeph S. GriÃstein Sent : Thursday, August 06 , 2009 1l- :11 AM To: Amy Candido; Carl- Anderson; Stan Karas; Google-Function Media; wolf f @f r. com; brooks@f r. com; gil@gillamsmithla\^/. com Cc : cmaloney@icklaw. com; ccapshaw@capshawlaw. com,' j rambin@capshawlaw. com,' nancy@ick1aw. com; _ \JI ^-.i ^.i -^'ì -L\J -LIICI.-L trifaaa¡aa IIIEÞÐClq g L. Tribble; Stacy Schulze; Sandeep Seth Subject: Function Media v Google Inequitable Allegations Counsef charley@pbatyler. com; ederieux@capshawlaw. com,' otiscarrol-loicklaw. comi rcbunt.@pbatyler. com; kat.herine@ickl-aw.com,' Justin A. Nelson; Jeremy Brandon; Conduct Max As you may be aware, in Exergen Corp. v. Wal--Mart. Stores (a copy of which is attached), the Federal Circuit t.his week clarified the pleading standards applicabl-e to inequitable conduct. allegations. fn so doing, it rejected under Rul-e 9 (b) inequitable conduct allegat j-ons that we bel-ieve are similar in nature to Google's allegations in this case. Accordingly, we intend to move to st.rike Googlers inequitable conduct allegations under Rul-e 9 (b) and other applicable aut.hority. Before moving to st.rike, however, we invite Google to move to amend to bring its pleadings into compliance with Exergen (if it can do so) . Irüe are not representing now t.hat if Google does move to amend we wil-I not oppose t.he motion; rather, we would have to see the substance of the new allegations to determine for oursel-ves if they meet the Exergen sLandard. Please move to amend within one week by August 13, 2009 or we will- move to st.rike. If you would like to discuss this matter further, please do not hesitate to contacL me. f-n¿s+'¿ìJ.aI vv¡s rrl I r¡ t Joe

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