Northeastern University et al v. Google, Inc.,

Filing 83

Unopposed MOTION for Leave to File Supplemental Invalidity Contentions by Google, Inc.,. (Attachments: # 1 Exhibit A ISO of Defendant Google's Unopposed Mot for Leave to Supplement Its Invalidity Contentions, # 2 Text of Proposed Order Proposed Order re Defendant Google's Unopposed Mot for Leave to Supplement Its Invalidity Contentions)(Albert, Francis)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION Plaintiffs, v. GOOGLE INC. Defendant. DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INVALIDITY CONTENTIONS Google seeks leave to supplement its invalidity contentions under P.R. 3-6(b). [Ex. A (Google Inc.'s Amended Invalidity Contentions).] Good cause exists for this motion and Plaintiffs do not oppose this motion. On March 24, 2010, Plaintiffs' motion for leave to supplement their infringement contentions was granted (Dkt. No. 81). On April 22, 2010, Google provided Plaintiffs with responsive updates to its invalidity contentions in view of the breadth and scope of Plaintiffs' three theories, the Federal Circuit's recent decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., 598 F.3d 1336 (Fed. Cir., March 22, 2010), and the deposition testimony of Kenneth Baclawski, the named inventor of the patent-in-suit. On May 10, 2010, Plaintiffs' counsel stated that they would not oppose Google's motion to amend its invalidity contentions to reflect the updates Google provided to Plaintiffs. Granting this motion will not affect the Court's schedule, and no additional briefing in view of the Markman briefs already submitted is believed to be necessary.
DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INVALIDITY CONTENTIONS- Page 1

Civil Action No. 2:07-CV-486- CE Jury Trial Demand

Dated: May 17, 2010

Respectfully submitted, FISH & RICHARDSON P.C.

By: /s/Frank Albert Michael E. Jones (SBN 10929400) [e-mail] POTTER MINTON A Professional Corporation 110 N. College, Suite 500 Tyler, TX 75702 Telephone: [phone] Facsimile: [phone] Ruffin B. Cordell (SBN 04820550) [e-mail] FISH & RICHARDSON P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-3500 Telephone: [phone] Facsimile: [phone] Jason W. Wolff (CA SBN 215819) [e-mail] Frank Albert (Admitted Pro Hac Vice) [e-mail] FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Howard G. Pollack (Admitted Pro Hac Vice) [e-mail] Shelley K. Mack (Admitted Pro Hac Vice) [e-mail] Jerry T. Yen (CA SBN 247988) [e-mail] Enrique Duarte (Admitted Pro Hac Vice) [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone]
DEFENDANT GOOGLE INC.' S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INVALIDITY CONTENTIONS- Page 2

Facsimile: [phone] Attorneys for Defendant GOOGLE INC.

DEFENDANT GOOGLE INC.' S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INVALIDITY CONTENTIONS- Page 3

CERTIFICATE OF SERVICE The undersigned hereby certifies that on May 17, 2010, a true and correct copy of DEFENDANT GOOGLE INC.' S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INVALIDITY CONTENTIONS was served on all counsel of record who are deemed to have consented to electronic service via the Court' s CM/ECF system pursuant to Local Rule CV-5(a)(3). Any other counsel of record not deemed to have consented to electronic service were served by email at [e-mail]. Stephen Charles Stout Christopher Ryan R. Floyd Walker David B. Weaver Michael Anthony Valek Vinson & Elkins - Austin 2801 Via Fortuna, Suite 100 Austin, TX 78746 [e-mail]; [e-mail]; [e-mail]; [e-mail]; William B. Dawson Vinson & Elkins - Dallas 3700 Trammell Crow Center 2001 Ross Avenue Dallas, TX 75201-2975 [e-mail] Otis W. Carroll, Jr. Collin M. Maloney, Esq. Ireland, Carroll & Kelley, PC 6101 South Broadway, Suite 500 [75703] PO Box 7879 Tyler, TX 75711-7879 [e-mail]; Franklin Jones, Jr. Jones & Jones, Inc., P.C. 201 West Houston Street PO Drawer 1249 Marshall, TX 75671-1249 [e-mail] Allen Franklin Gardner Michael E. Jones Potter Minton PC 110 N. College, Suite 500 PO Box 359 Tyler, TX 75710-0359 [e-mail] [e-mail] Attorneys for Plaintiffs NORTHESTERN UNIVERSITY and JARG CORPORATION

Attorneys for Plaintiffs NORTHESTERN UNIVERSITY and JARG CORPORATION

Attorneys for Plaintiffs NORTHESTERN UNIVERSITY and JARG CORPORATION

Attorneys for Plaintiffs NORTHESTERN UNIVERSITY and JARG CORPORATION

Attorneys for Defendant GOOGLE, INC.

/s/Frank Albert Frank Albert

DEFENDANT GOOGLE INC.' S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS INVALIDITY CONTENTIONS- Page 4