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

Filing 77

MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss for Lack of Standing 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. 77

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 FOR AN EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC, and Lycos, Inc. (collectively, "Defendants"), through their undersigned counsel, respectfully move this Honorable Court for an unopposed extension of time to file a reply brief in further support of Defendants' Motion to Dismiss for Lack of Standing. In support of their request for an extension, Defendants state as follows: 1. This patent infringement action was commenced on November 21, 2007. The Civil Case No. 2:07-cv-511 (CE)

deadlines for the Markman hearing and trial are November 10, 2010 and May 2, 2011, respectively. 2. Defendants filed a Motion to Dismiss for Lack of Standing on July 16, 2008

(Docket No. 66). 3. On July 17, 2008, Defendants consented to a request by the Plaintiff, Software

Rights Archive, LLC ("SRA"), for a 25-day extension (i.e., 40 days from the filing of the motion) for SRA to file its opposition brief. See Docket No. 67. 4. SRA filed its opposition brief on August 25, 2008 (Docket No. 76). Under the

Local Rules of this Court, Defendants' Reply Brief is currently due on September 5, 2008.

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Dockets.Justia.com

5.

In SRA' s opposition, SRA attached declarations from Jeffrey Ait (who is believed

to reside in South Carolina) and Christopher Lynch (who is believed to reside in North Carolina). 6. Upon information and belief, SRA' s counsel was allowed access to third party documents held by a Sharon Fugitt in California. 7. Defendants believe that to properly respond to the allegations in Plaintiff SRA' s

opposition, Defendants require jurisdictional discovery limited to the issue of standing. At this time, Defendants anticipate that they will need to conduct at least the following discovery related to the issue of standing: oral deposition of and subpoena documents from: (1) Jeffrey Ait, (2) Daniel Egger, (3) Sharon Fugitt, and (4) J. Christopher Lynch. This jurisdictional discovery will require the additional time requested and serves the interests of justice and judicial efficiency since the court' s jurisdiction is a threshold matter. Accordingly, this motion is not for purposes of delay but rather so that justice may be done. 8. The relief requested in this motion is not opposed by Plaintiff SRA.

WHEREFORE, Defendants respectfully request that they be granted a 45-day extension of time ­ until and including October 20, 2008 ­ to allow sufficient time to conduct jurisdictional discovery on the issues related to SRA' s alleged standing and to file their reply brief to SRA' s opposition.

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Dated: September 2, 2008

Respectfully submitted, By: /s/ Thomas B. Walsh, IV Juanita R. Brooks ­ Lead Attorney (CA Bar No. 75934) E-mail: [e-mail] Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Thomas B. Walsh, IV Texas Bar No. 00785173 Fish & Richardson P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] 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 OLIVER & HEDGES, LLP 5 55 Twin Dolphin Drive, Suite 560 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 The undersigned hereby certifies that a conference was held with Lee Kaplan, counsel for SRA, regarding the relief requested herein by Defendants ­ that Defendants be allowed until and including October 20, 2008 to file their reply brief related to the motion to dismiss previously filed by Defendants. Counsel for SRA stated that SRA does not oppose this request. /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on September 2, 2008 to all counsel of record who are deemed to have consented to electronic service 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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