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

Filing 219

Unopposed MOTION for Extension of Time to File Consolidated (1) Reply Supporting Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions and (2) Response to Plaintiff's Motion to Strike Invalidity Contentions (Dkt. No. 213) and to Seek Leave for 10-Page Sur-Reply in Opposition to Plaintiff's Motion to Strike Invalidity Contentions by Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC., Lycos, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)

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

Doc. 219

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SOFTWARE RIGHTS ARCHIVE, LLC v. GOOGLE INC., YAHOO! INC., IAC SEARCH & MEDIA, INC., AOL, LLC, AND LYCOS, INC. DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEADLINE FOR FILING CONSOLIDATED (1) REPLY SUPPORTING DEFENDANTS' MOTION FOR LEAVE TO AMEND AND SUPPLEMENT INVALIDITY CONTENTIONS AND (2) RESPONSE TO PLAINTIFF'S MOTION TO STRIKE INVALIDITY CONTENTIONS (DKT. NO. 213) AND TO SEEK LEAVE FOR 10-PAGE SUR-REPLY IN OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE INVALIDITY CONTENTIONS Come now Defendants Google, Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC, and Lycos, Inc. (collectively, "Defendants") and file this Unopposed Motion to Extend Deadline for Filing Consolidated (1) Reply Supporting Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions and (2) Response to Plaintiff's Motion to Strike Invalidity Contentions (Dkt. No. 213) and To Seek Leave for 10-Page Sur-Reply in Opposition to Plaintiff's Motion to Strike Invalidity Contentions, and in support of same would show the Court as follows: 1. On December 18, 2009, Defendants filed their Motion for Leave to Amend and Civil Case No. 2:07-cv-511 (CE)

Supplement Invalidity Contentions (Dkt. No. 198). 2. After being granted an unopposed extension of time in which to file their

Response to Dkt. No. 198, Plaintiff Software Rights Archive, LLC ("SRA") filed Plaintiff's Motion to Strike Invalidity Contentions and Response to Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions (Dkt. No. 213) on January 20, 2010. 1

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3. relief:

By Order dated January 21, 2010 (Dkt. No. 217), the Court granted the following

(a) SRA was granted a page limit of twenty-five pages for its consolidated Response to Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions/Plaintiff' s Motion to Strike Invalidity Contentions; (b) Defendants were granted a page limit of thirty pages for their consolidated Reply Supporting Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions/Response to Plaintiff' s Motion to Strike Invalidity Contentions; (c) Plaintiff was granted a page limit of fifteen pages for its consolidated SurReply to Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions/Reply Supporting Plaintiff' s Motion to Strike Invalidity Contentions. 4. Defendants seek an extension of time until and including February 22, 2010 to file

their Consolidated (1) Reply Supporting Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions and (2) Response to Plaintiff' s Motion to Strike Invalidity Contentions (Dkt. No. 213). 5. Defendants also seek leave to file a 10-page Sur-Reply in Opposition to Plaintiff' s

Motion to Strike Invalidity Contentions (Dkt. No. 213) after Plaintiff SRA files its consolidated Sur-Reply to Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions/Reply Supporting Plaintiff' s Motion to Strike Invalidity Contentions. 6. This motion is not opposed by Plaintiff SRA.

This Motion is not sought for delay, but that justice might be done.

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WHEREFORE, Defendants respectfully request that they be granted the following relief: (a) that Defendants be granted an extension of time until and including February 22,

2010 to file their Consolidated (1) Reply Supporting Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions and (2) Response to Plaintiff' s Motion to Strike Invalidity Contentions (Dkt. No. 213); and (b) that Defendants be granted leave to file a 10-page Sur-Reply in Opposition to

Plaintiff' s Motion to Strike Invalidity Contentions (Dkt. No. 213) after Plaintiff SRA files its consolidated Sur-Reply to Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions/Reply Supporting Plaintiff' s Motion to Strike Invalidity Contentions.

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Dated: January 27, 2010

Respectfully submitted,

By: /s/ Thomas B. Walsh, IV________ Ruffin B. Cordell - Lead Attorney Texas Bar No. 04820550 FISH & RICHARDSON P.C. 1425 K Street, 11th Floor Washington, DC 20005 Telephone: [phone] Facsimile: [phone] Thomas B. Walsh, IV Texas Bar No. 00785173 E-mail: [e-mail] Fish & Richardson P.C. 1717 Main Street, Suite 5000 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Ramon K. Tabtiang Massachusetts BBO 663,943 E-mail: [e-mail] Stephen A. Marshall Massachusetts BBO 666,200 E-mail: [e-mail] Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110-2804 Telephone: [phone] Facsimile: [phone] Harry L. Gillam, Jr. Texas Bar No. 07921800 E-mail: [e-mail] Melissa R. Smith Texas Bar No. 24001351 E-mail: [e-mail] GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants GOOGLE INC. and AOL LLC

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By: /s/ Richard S.J. Hung (by permission) Michael A. Jacobs (CA Bar No. 111664) Richard S. J. Hung (CA Bar No. 197425) MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-268-7522 Email: [e-mail] Email: [e-mail] Michael E. Jones Texas Bar No. 10929400 Potter Minton, A Professional Corporation 110 North College, Suite 500 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant YAHOO! INC.

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By: /s/ Jennifer A. Kash (by permission) Claude M. Stern (CA Bar No. 96737) Jennifer A. Kash (CA Bar No. 203679) QUINN EMANUEL URQUHART 5 OLIVER & HEDGES, LLP 55 Twin Dolphin Drive, 5th Floor Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email:[e-mail] Otis Carroll Tex. Bar No. 03895700 Collin Maloney Tex. Bar No. 00794219 IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants IAC SEARCH & MEDIA, INC. and LYCOS, INC.

CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Lee Kaplan, counsel for Plaintiff, regarding the relief requested in this motion. Mr. Kaplan informed me that Plaintiff is not opposed to the relief requested. /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV

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CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 27th day of January, 2010, with a copy of this document via the Court`s CM/ECF system per Local Rule CV-5(a)(3). /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV

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