Software Rights Archive, LLC v. Google Inc. et al

Filing 213

RESPONSE to Motion re 198 Opposed MOTION Granting Defendants Leave to Amend and Supplement Invalidity Contentions filed by Software Rights Archive, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Affidavit, # 9 Text of Proposed Order)(Kaplan, Lee)

Software Rights Archive, LLC v. Google Inc. et al

Doc. 213 Att. 9

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

SOFTWARE RIGHTS ARCHIVE, LLC,
Plaintiff,
v.

§ § §
§ Civil Action No. 2:07-cv-511-CE

§ §

GOOGLE INC., YAHOO! INC., lAC SEARCH & MEDIA, INC., AOL LLC, and LYCOS, INC.,

§ JURY TRIAL DEMANDED
§ § § §

Defendants.

ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE INVALIDITY CONTENTIONS AND DENYING DEFENDANTS' MOTION FOR LEAVE TO AMEND AND SUPPLEMENT INVALIDITY CONTENTIONS

Before the Court are Plaintiff's Motion to Strike Invalidity Contentions, along with
supporting and opposing briefs, and Defendants' Motion for Leave to Amend and Supplement
Invalidity Contentions, along with supporting and opposing briefs. After reviewing the parties'
briefs, and in view of the pertinent law and facts, the Court hereby GRANTS Plaintiff's Motion

to Strike Invalidity Contentions and DENIES Defendants' Motion for Leave to Amend and
Supplement Invalidity Contentions.

Accordingly, it is ORDERED that:
1. Plaintiff's Motion to Strike Invalidity Contentions is GRANTED.

2. Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions

is DENIED.
3. Defendants' invalidity contentions, served pursuant to P.R. 3-3 on January 23,

2009, are STRICKEN.

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4. Defendants may submit revised invalidity contentions within ten days of this
Order, subject to the restrictions that they identify, as to anticipation, no more

than five prior art references per asserted claim, and, as to obviousness, no more

than five combinations per asserted claim; and that they provide detailed claim
charts as to each such identification, containing the specific disclosures required
by P.R. 3-3.

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