Polaris IP, LLC v. Google Inc. et al

Filing 217

***FILED IN ERROR. FILED USING WRONG EVENT. PLEASE IGNORE.***SUR-REPLY to Reply to Response to Motion re 195 SEALED MOTION to Compel Production of Source Code filed by Yahoo!, Inc.. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Text of Proposed Order)(White, Jason) Modified on 11/4/2009 (ch, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC, Plaintiff, vs. GOOGLE INC., et al., Defendants. YAHOO'S MOTION FOR LEAVE TO FILE A SUR-REPLY IN RESPONSE TO BRIGHT RESPONSE'S MOTION TO COMPEL PRODUCTION OF SOURCE CODE Defendant Yahoo! Inc. ("Yahoo") submits this motion for leave to file a sur-reply to inform the Court of relevant information and events that have occurred after the parties' briefing on this issue. Specifically, by October 7, 2009, Yahoo produced all of the source code that is the subject of plaintiff Bright Response, LLC's ("Bright Response's") motion to compel. This sur-reply brief will explain these facts surrounding Yahoo's production. For this reason, Yahoo respectfully requests leave to file a sur-reply brief. Dated: November 3, 2009 Respectfully submitted, /s/ Jason White Jason C. White HOWREY LLP Chicago 321 North Clark Street, Suite 3400 Chicago, Illinois 60654 Telephone: 312/595-1239 Facsimile: 312/595-2250 whitej@howrey.com John Frederick Bufe Michael Edwin Jones POTTER MINTON PC 110 N. College, Suite 500 Civil Action No. 2:07-cv-371-CE JURY TRIAL DEMANDED PO Box 359 Tyler, Texas 75710-0359 Telephone: 903/597-8311 Facsimile: 903/593-0846 johnbufe@potterminton.com mikejones@potterminton.com Attorneys for Defendant Yahoo! Inc. CERTIFICATE OF SERVICE This is to certify that all known counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on November 3, 2009. /s/ Jason White Jason White CERTIFICATE OF CONFERENCE Pursuant to Local Rule CV-7(h), Defendant Yahoo hereby certifies that its counsel has conferred, on numerous occasions, with opposing counsel in a good faith to attempt to resolve this matter without the Court's intervention. Plaintiff, Bright Response opposes this motion. /s/ Jason White Jason White

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