Polaris IP, LLC v. Google Inc. et al

Filing 52

RESPONSE in Opposition re 43 MOTION for More Definite Statement MOTION to Stay MOTION to Strike, 40 MOTION to Dismiss the complaint filed by Polaris IP, LLC. (Edmonds, John)

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Polaris IP, LLC v. Google Inc. et al Doc. 52 Case 2:07-cv-00371-TJW-CE Document 52 Filed 11/05/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION POLARIS IP, LLC v. GOOGLE, INC., et al. No. 2:07-cv-00371-TJW-CE JURY PLAINTIFF'S RESPONSE TO AOL'S MOTION TO DISMISS, MOTION FOR MORE DEFINITE STATEMENT, MOTION TO STRIKE AND MOTION TO STAY DISCOVERY Plaintiff, Polaris IP, LLC ("Polaris IP"), files this Response in opposition to the Motion to Dismiss, or in the Alternative, for a More Definite Statement, Motion to Strike and Motion to Stay Discovery filed by Defendants America Online, Inc. and AOL LLC (collectively "AOL") (Dkt. No. 40), as follows: I. AOL's Motion merely requests relief "for the reasons set forth" in Google's Motion which is Dkt. No. 39. Polaris IP's contentions regarding AOL's infringement are set forth at paragraphs 23 and 24 of its Complaint, as follows: 23. Upon information and belief, Defendant AOL has been and now is directly, literally and/or, upon information and belief, jointly, equivalently and/or indirectly infringing by way of inducing infringement by others and/or contributing to the infringement by others of the `947 Patent in the State of Texas, in this judicial district, and elsewhere in the United States by, among other things, methods and systems implementing various websites (including, but not limited to www.aol.com) that comprise interpreting electronic messages with rule base and case base knowledge engines as covered by one or more claims of the `947 Patent. Defendant AOL is thus liable for infringement of the `947 Patent pursuant to 35 U.S.C. § 271. 24. Upon information and belief, Defendant America Online has been and now is directly, literally and/or, upon information and belief, jointly, equivalently and/or indirectly infringing by way of inducing infringement by others and/or contributing to the infringement by others of the `947 Patent in the State of Texas, in this judicial district, and elsewhere in the United States by, among other things, 1 Dockets.Justia.com Case 2:07-cv-00371-TJW-CE Document 52 Filed 11/05/2007 Page 2 of 4 methods and systems implementing various websites (including, but not limited to www.aol.com) that comprise interpreting electronic messages with rule base and case base knowledge engines as covered by one or more claims of the `947 Patent. Defendant America Online is thus liable for infringement of the `947 Patent pursuant to 35 U.S.C. § 271. It is clear from Polaris IP's Complaint that its infringement allegations against AOL are made relative to AOL's described systems, namely www.aol.com's use of rule base and case base knowledge engines. AOL's Motion provides no independent analysis and relies solely upon the grounds set forth in Google's Motion. Accordingly, rather than burden the court with repetitiveness, Polaris IP incorporates herein its Response to Google's Motion. II. WHEREFORE, premises considered, Plaintiff Polaris IP, LLC requests that the Court DENY AOL's Motion to Dismiss, or in the Alternative, for a More Definite Statement, Motion to Strike and Motion to Stay Discovery. In the alternative, if the Court deems Polaris IP's Complaint to be deficient in any way, then leave should be granted for Polaris IP to amend the Complaint to address any such issues. Polaris IP also requests such other relief to which it may be entitled. Date: November 5, 2007. Respectfully submitted, POLARIS IP, LLC By: /s/ John J. Edmonds Eric M. Albritton - LEAD ATTORNEY Texas Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: (903) 757-8449 Facsimile: (903) 758-7397 ema@emafirm.com 2 Case 2:07-cv-00371-TJW-CE Document 52 Filed 11/05/2007 Page 3 of 4 Danny L. Williams Texas State Bar No. 21518050 J. Mike Amerson Texas State Bar No. 01150025 Williams, Morgan & Amerson, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: (713)934-4060 Facsimile: (713) 934-7011 danny@wma.law.com mike@wma.law.com David M. Pridham R.I. Bar No. 6625 Intellectual Property Navigation Group, LLC 207 C North Washington Avenue Marshall, Texas 75670 Telephone: (903) 938-7400 Facsimile: (903) 938-7404 david@ipnav.com John J. Edmonds Texas Bar No. 00789758 THE EDMONDS LAW FIRM, PC 709 Sabine Street Houston, Texas 77007 Telephone: (713) 858-3320 Facsimile: (832) 415-2535 (Fax) johnedmonds@edmondslegal.com Jason W. Cook Texas Bar No. 24028537 The Law Office of Jason W. Cook 6282 McCommas Blvd. Dallas, Texas 75214 Telephone: (214) 504-6813 Facsimile: (469) 327-2777 jcook@cookip.com Attorneys for Plaintiff POLARIS IP, LLC 3 Case 2:07-cv-00371-TJW-CE Document 52 Filed 11/05/2007 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. Dated: November 5, 2007 /s/ John J. Edmonds John J. Edmonds 4

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