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

Filing 56

MOTION for Leave to File Supplement to P.R. 3-3 and 3-4 Disclosures by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)

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

Doc. 56

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C. Plaintiff, v. GOOGLE INC. and YAHOO!, INC., Defendant. JURY DEMANDED Civil Action No. 2:07-CV-279-CE

DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT P.R. 3-3 AND 3-4 DISCLOSURES Come now Defendants Google Inc. ("Google") and Yahoo!, Inc. ("Yahoo") (collectively, "Defendants") and, pursuant to P.R. 3-6(b), file their Unopposed Motion for Leave to Supplement P.R. 33 and 3-4 Disclosures, and in support of same would show the Court as follows: I. BRIEF BACKGROUND 1. On May 30, 2008, Google and Yahoo timely served their P.R. 3-3 Invalidity Contentions

and accompanying P.R. 3-4 document production. 2. following: "To the extent that Defendants obtain additional information, Defendants reserve the right to supplement these invalidity contentions. Furthermore, pursuant to an agreement with counsel for Function Media, Defendants were granted a two week extension to supplement their P.R. disclosures pertaining to a large volume of materials (approximately 60 boxes) that were located in storage in New York with a law firm that formerly represented DoubleClick (which was recently acquired by Google Inc.) in another litigation. A portion of those materials were forward[ed] to counsel for Google on May 22, promptly after they were located. The production set of materials for that litigation will be made available for inspection during the litigation, and a further production of Defendants' Unopposed Motion for Leave to Supplement P.R. 3-3 and 3-4 Disclosures--Page 1 In their P.R. 3-3 Invalidity Contentions served on May 30, 2008, Defendants noted the

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those materials expressly relied upon in Defendants' P.R. disclosures will be made in accordance with the earlier production agreement between the parties." (Emphasis added). 3. As noted above, Defendants intend to supplement their May 30, 2008 Invalidity

Contentions (and accompanying supplemental document production) with respect to the large volume of materials obtained from the law firm that previously represented DoubleClick, and Defendants therefore seek leave of Court to supplement their Invalidity Contentions (with accompanying supplemental P.R. 3-4 document production) on June 13, 2008, as previously agreed to with Plaintiff Function Media. 4. This motion for leave is unopposed. II. RELIEF REQUESTED Defendants respectfully seek leave of Court to supplement their P.R. 3-3 Invalidity Contentions (with accompanying supplemental P.R. 3-4 document production) on June 13, 2008, as previously agreed to with Plaintiff Function Media.

Defendants' Unopposed Motion for Leave to Supplement P.R. 3-3 and 3-4 Disclosures --Page 2

Dated: June 12, 2008

Respectfully submitted,

By: /s/ Thomas B. Walsh, IV Juanita R. Brooks - Lead Attorney (CA SBN 75934) E-mail: [e-mail] Jason W. Wolff (CA SBN 215819) E-mail: [e-mail] Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Thomas B. Walsh, IV Texas Bar No. 00785173 E-mail: [e-mail] Fish & Richardson P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Harry L. Gillam, Jr. Texas Bar No. 07921800 E-mail: [e-mail] Melissa R. Smith Texas Bar No. 24001351 E-mail: [e-mail] GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANT AND COUNTER-CLAIMANT GOOGLE INC.

Defendants' Unopposed Motion for Leave to Supplement P.R. 3-3 and 3-4 Disclosures --Page 3

By: /s/ Douglas E. Lumish (by permission) David J Healey Weil Gotshal & Manges- Houston 700 Louisiana, Suite 1600 Houston, TX 77002-2784 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Douglas E Lumish Weil Gotshal & Manges- Redwood Shores 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR DEFENDANT YAHOO!, INC.

CERTIFICATE OF CONFERENCE Counsel for Google hereby certifies that counsel for Google (Jason Wolff) conferred with counsel for Plaintiff (Jeremy Brandon) regarding the relief requested in this motion and that counsel for Plaintiff is unopposed to the relief requested. /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 12th day of June, 2008, with a copy of this document via the Court`s CM/ECF system per Local Rule CV-5(a)(3). /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV Defendants' Unopposed Motion for Leave to Supplement P.R. 3-3 and 3-4 Disclosures --Page 4