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

Filing 228

RESPONSE in Opposition re 218 MOTION to Strike 198 Opposed MOTION Granting Defendants Leave to Amend and Supplement Invalidity Contentions MOTION to Strike 198 Opposed MOTION Granting Defendants Leave to Amend and Supplement Invalidity Contentions filed by IAC Search & Media, Inc.. (Attachments: # 1 Second Dec of Mark D. Baker, # 2 Exhibit H to Second Dec of Mark D. Baker, # 3 Exhibit I to Second Dec of Mark D. Baker, # 4 Exhibit J to Second Dec of Mark D. Baker, # 5 Exhibit K to Second Dec of Mark D. Baker, # 6 Exhibit L to Second Dec of Mark D. Baker, # 7 Exhibit M to Second Dec of Mark D. Baker, # 8 Text of Proposed Order)(Maloney, Collin)

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. ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO AMEND AND SUPPLEMENT INVALIDITY CONTENTIONS (DKT. NO. 198) AND DENYING PLAINTIFF'S MOTION TO STRIKE INVALIDITY CONTENTIONS (DKT. NO. 213) Before the Court is Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC, and Lycos, Inc.'s (collectively, "Defendants") Motion for Leave to Amend and Supplement Invalidity Contentions (Dkt. No. 198) and Plaintiff Software Rights Archive, LLC's Motion to Strike Invalidity Contentions (Dkt. No. 213). After reviewing the Motion for Leave and the Motion to Strike, the Responses in Opposition thereto, and any further briefing, the Court finds that the Motion for Leave should be and hereby is GRANTED and the Motion to Strike should be and hereby is DENIED. Accordingly, it is ORDERED that Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC, and Lycos, Inc.'s Motion for Leave to Amend and Supplement Invalidity Contentions (Dkt. No. 198) is GRANTED. It is further ORDERED that the Appendix and claim charts containing the proposed amendments and supplementation to Defendants' invalidity contentions, which were served by Defendants on Plaintiff Software Rights Archive, LLC on November 25, 2009, are deemed by the Court to be a part of Defendants' Invalidity Contentions in this case. It is further Civil Case No. 2:07-cv-511 (CE)

02904.51330/3335854.1

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ORDERED that Plaintiff Software Rights Archive, LLC's Motion to Strike Invalidity Contentions (Dkt. No. 213) is denied in its entirety.

02904.51330/3335854.1

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