Performance Pricing, Inc. v. Google Inc. et al

Filing 105

Consent MOTION (Agreed Amended Motion for Leave to Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions Regarding Defendants Microsoft Corporation and IAC Search & Media, Inc. and Motion for Extension for Defendants to Comply with Patent Rules 3-3 and 3-4) by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - First Amended Disclosure of Asserted Claims and Infringement Contentions under P.R. 3-1, # 3 Appendix A to Exhibit A)(Abernathy, Nancy)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. JURY DEMANDED GOOGLE INC., AOL LLC, MICROSOFT CORPORATION, YAHOO! INC., IAC SEARCH & MEDIA, INC., and A9.COM, INC. Defendants. Civil Action No. 2:07-cv-432 (LED/JDL)

AGREED AMENDED MOTION FOR LEAVE TO AMEND PLAINTIFF'S DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS REGARDING DEFENDANTS MICROSOFT CORPORATION AND IAC SEARCH & MEDIA, INC. AND MOTION FOR EXTENSION FOR DEFENDANTS TO COMPLY WITH PATENT RULES 3-3 AND 3-4 Pursuant to Patent Rules 3-1 and 3-2 and the Court's Docket Control Order (Dkt. 99) issued on May 14, 2008, Plaintiff Performance Pricing, Inc. hereby submits its Agreed Amended Motion for Leave to Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions regarding Defendants Microsoft Corporation and IAC Search & Media, Inc. in order to correct certain errors found in Plaintiff's original infringement contentions. Plaintiff's First Amended Disclosure of Asserted Claims and Infringement Contentions under Patent Rule 3-1 is attached hereto as Exhibit A. Defendants do not oppose this request. Furthermore, Plaintiff Performance Pricing, Inc. requests that the Court extend the deadline for Defendants to comply with Patent Rules 3-3 and 3-4 from July 14, 2008 to July 30, 2008.

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Wherefore premises considered, Plaintiff respectfully requests that the Court grant Plaintiff leave to amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions regarding Defendants Microsoft Corporation and IAC Search & Media, Inc., and extend the deadline for Defendants to comply with Patent Rules 3-3 and 3-4 as requested above. Dated: June 6, 2008 Respectfully submitted, By: /s/ N. Claire Abernathy S. Calvin Capshaw State Bar No. 03783900 Email: [e-mail] Elizabeth L. DeRieux State Bar No. 05770585 Email: [e-mail] N. Claire Abernathy State Bar No. 24056650 Email: [e-mail] Capshaw DeRieux, LLP 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: [phone] Facsimile: [phone] Robert M. Parker State Bar No. 15498000 Email: [e-mail] Robert Christopher Bunt State Bar No. 00787165 Email: [e-mail] Charles Ainsworth State Bar No. 00783521 Email: [e-mail] Parker, Bunt & Ainsworth, P.C. 100 East Ferguson, Ste. 1114 Tyler, TX 75702 Telephone: [phone] Facsimile: [phone]

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Gregory S. Dovel CA State Bar No. 135387 E-mail: [e-mail] Sean Luner CA State Bar No. 165443 E-mail: [e-mail] Christin K. Cho CA State Bar No. 238173 E-mail: [e-mail] Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF PERFORMANCE PRICING, INC. CERTIFICATE OF CONFERENCE I certify that I have complied with the meet and confer requirement in Local Rule CV7(H) and that this motion is unopposed. /s/ N. Claire Abernathy N. Claire Abernathy CERTIFICATE OF SERVICE The undersigned hereby certifies that all 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 June 6, 2008. Any other counsel of record will be served by facsimile transmission and first class mail. /s/ N. Claire Abernathy N. Claire Abernathy

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