Microunity Systems Engineering, Inc v. Acer Inc. et al

Filing 26

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, Or Otherwise Respond by Acer America Corporation, Acer Inc.. (Attachments: # 1 Text of Proposed Order)(Chen, Lei)

Microunity Systems Engineering, Inc v. Acer Inc. et al

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MICROUNITY SYSTEMS ENGINEERING, INC., Plaintiff, vs. ACER INC., ET AL., Defendants. ACER INC. AND ACER AMERICA CORPORATION'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT FOR PATENT INFRINGEMENT Defendants Acer Inc. and Acer America Corporation (collectively the "Acer entities"), without waiving any defenses or any matters that might be presented pursuant to Federal Rule of Civil Procedure 12(b) or any other rule or law, file this unopposed motion for an extension of time in which to answer, move, or otherwise respond to Plaintiff Microunity Systems Engineering, Inc.'s Complaint for Patent Infringement ("Complaint") and would respectfully show the Court as follows: Plaintiff served Acer America Corporation ("Acer America") with the Complaint on June 9, 2010. Acer America has requested and Plaintiff has agreed to an extension of time for Acer America to respond in any manner, including answer, motion or other pleading of any type, to Plaintiff's Complaint for Patent Infringement. Specifically, Acer America respectfully requests, and Plaintiff does not oppose, an extension of time up to and including August 11, 2010. It is understood by Acer America that for the sake of certainty and judicial economy, Plaintiff has agreed to provide other Defendants in this Action similar extensions of time to this same date. Counsel for the Acer entities agreed to accept service of Plaintiff's Complaint for Patent

Civil Action No. 2:10-CV-185-TJW-CE JURY TRIAL DEMANDED

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Infringement on behalf of Acer Inc., and was served with the Complaint on June 16, 2010. In conjunction therewith, the parties agreed to an extension of time for Acer Inc. to respond in any manner, including answer, motion or other pleading of any type, to Plaintiff's Complaint for Patent Infringement to the same response date as Acer America. Thus, Acer Inc. respectfully requests, and Plaintiff does not oppose, an extension of time up to and including August 11, 2010. These are the first extensions of time sought by the Acer entities. They seek the foregoing extensions of time not for delay but for good cause and in the interest of judicial economy and that justice may be served. Accordingly, the Acer entities respectfully request that the Court grant extensions of time for the Acer entities to respond to the Complaint to August 11, 2010. A proposed Order granting this unopposed motion is attached for the Court's convenience.

Respectfully submitted,

Dated: June 16, 2010

By: /s/ L. Howard Chen L. Howard Chen Texas State Bar No. 24009953 [e-mail] K&L Gates LLP 4 Embarcadero Center, Suite 1200 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorney for Defendants, Acer Inc. and Acer America Corporation

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/s/ L. Howard Chen L. Howard Chen CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email, on this the 15the day of June 2010.

/s/ L. Howard Chen L. Howard Chen

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