Polaris IP, LLC v. Google Inc. et al

Filing 401

Unopposed MOTION for Leave to File (Supplement its Infringement Contentions as to AOL, LLC and America Online, Inc.) by Bright Response LLC. (Attachments: # 1 Text of Proposed Order)(Wiley, Elizabeth)

Polaris IP, LLC v. Google Inc. et al

Doc. 401

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC v. GOOGLE INC., et al. NO. 2:07-CV-371-CE JURY

BRIGHT RESPONSE, LLC'S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS AS TO AOL LLC AND AMERICA ONLINE, INC. Plaintiff Bright Response, LLC ("Bright Response") files this unopposed motion requesting that the Court grant Bright Response leave to supplement its infringement contentions as to Defendants AOL LLC and America Online, Inc. (collectively "AOL") as set forth below. 1. Pursuant to agreement between the parties, Bright Response moves for

leave to supplement its infringement contentions to assert claims 28, 30, 31, 33 and 38 against AOL. 2. Bright Response agrees that this supplementation of its contentions as to

AOL will not constitute any material change in the scope of this case or any product accused of infringement (specifically, it will add no new allegations not already brought against AdWords or an AOL branded version of AdWords). 3. While AOL does not oppose this motion, it is agreed that this is without

prejudice to AOL's rights to dispute the sufficiency of these supplemented contentions (which as of the date of this stipulation have yet to be served) or their compliance with the terms of this stipulation. 4. In exchange for AOL's agreement to not oppose this motion, Bright

Response agrees that it will not seek any further discovery from AOL, including but not limited to further 30(b)(6) deposition discovery.

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Bright Response therefore requests that the Court grant this Motion and grant Bright Response leave to supplement its infringement contentions as set forth above as to Defendants AOL LLC and America Online, Inc.

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Dated: July 6, 2010 Andrew W. Spangler LEAD COUNSEL SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 [phone] [phone] (fax) [e-mail] David M. Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 [phone] [phone] (fax) [e-mail] Patrick R. Anderson PATRICK R. ANDERSON PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 [phone] [phone] (fax) [e-mail]

Respectfully submitted, By: /s/ Elizabeth A. Wiley_ Elizabeth A. Wiley Marc A. Fenster CA Bar No. 181067 [e-mail] Alexander C. Giza CA Bar No. 212327 [e-mail] Andrew Weiss CA Bar No. 232974 [e-mail] RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 [phone] [phone] (fax) Elizabeth A. Wiley Texas State Bar No. 00788666 THE WILEY FIRM PC P.O. Box. 303280 Austin, Texas 78703-3280 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF BRIGHT RESPONSE, LLC CERTIFICATE OF SERVICE

I certify that counsel of record who are deemed to have consented to electronic service are being served this 6th day of July 2010, with a copy of this document via the Court's CM/ECF systems per Local Rule CV-5(a)(3). Any other counsel will be served electronic mail, facsimile, overnight delivery and/or First Class Mail on this date. \s\ Elizabeth A. Wiley Elizabeth A. Wiley

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