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

Filing 315

RESPONSE in Opposition re 313 Opposed MOTION for Leave to File Third Supplemental Brief Opposing Defendants' Motion to Transfer filed by AOL, LLC., Google Inc., IAC Search & Media, Inc., Lycos, Inc., Yahoo! Inc.. (Siebman, Clyde)

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

Doc. 315

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' OPPOSITION TO SOFTWARE RIGHTS ARCHIVE, LLC'S OPPOSED MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL BRIEF OPPOSING DEFENDANTS' MOTION TO TRANSFER Software Rights Archive, LLC's ("SRA") motion for leave to file a third supplemental brief brings nothing new to the transfer motion pending before this Court. The motion for leave purports to "alert" the Court to a six month old non-precedential Federal Circuit opinion and then rehashes SRA's delay argument, seeking only to postpone a ruling on Defendants' transfer motion. The Court already has everything it needs to decide Defendants' pending motion to transfer venue, and SRA offers no genuine basis for its third attempt to delay a decision. SRA's motion for leave to file an additional brief should be denied. SRA claims that its proposed supplemental brief will "apprise[] the Court of recent Federal Circuit rulings regarding transfer." (Motion at 1.) SRA's proposed brief, however, focuses at length on In re VTech Commc'ns, Inc., 2010 WL 46332 (Fed. Cir. Jan. 6, 2010) -- a case SRA concedes issued over six months ago and which Defendants brought to the Court's attention at that time and briefed in their motion for stay. (Dkt. No. 286 at 2.) VTech need not Civil Case No. 2:07-cv-511 (CE)

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be rehashed in a fourth round of briefing on transfer. Instead, if we needed any further evidence that the latency of the transfer motion has been "engineered" by SRA, we have it now. SRA also hopes to shift the blame for the passage of time onto the Defendants. As the record makes absolutely clear, however, Defendants have actively pursued their transfer motion. After appropriately moving for transfer following motion practice on the standing issue, Defendants opposed SRA's attempt to prolong briefing on the motion for transfer, moved to request oral argument or in the alternative for a continuance, and moved for a stay. (Dkt. Nos. 130, 135, 236, 286.) For these reasons, and to make clear again that they object to SRA's efforts to prolong decision making on the transfer motion while proliferating disputes, Defendants respectfully ask the Court to deny SRA's motion.

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Respectfully submitted,

By: /s/ Clyde M. Siebman Clyde M. Siebman Texas Bar No. 18341600 E-mail: [e-mail] Lawrence A. Phillips Texas Bar No. 15937755 E-mail: [e-mail] SIEBMAN, BURG, PHILLIPS & SMITH, LLP Federal Courthouse Square 300 N. Travis Sherman, TX 75090 Telephone: [phone] Facsimile: [phone] Robert F. Perry E-mail: [e-mail] Scott T. Weingaertner [e-mail] Alexas D. Skucas E-mail: [e-mail] KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 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/ Collin Maloney (by permission) Claude M. Stern (CA Bar No. 96737) Jennifer A. Kash (CA Bar No. 203679) QUINN EMANUEL URQUHART & SULLIVAN, LLP 555 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.

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CERTIFICATE OF SERVICE The undersigned certifies that on this 15th day of July, 2010, all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document through the Court=s CM/ECF system under Local Rule CV-5(a)(3). Any other counsel of record will be served by a facsimile transmission and/or first class mail.

/s/ Clyde M. Siebman Clyde M. Siebman

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