Lodsys, LLC v. Combay, Inc. et al

Filing 95

NOTICE by Lodsys, LLC of Assignment and Intent to File Motion to Substitute (Huck, Christopher)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION LODSYS, LLC, § § Plaintiff, § § v. § § ATARI INTERACTIVE, INC.; § COMBAY, INC.; § ELECTRONIC ARTS, INC.; § ICONFACTORY, INC.; § ILLUSION LABS AB; § MICHAEL G. KARR D/B/A SHOVELMATE; § QUICKOFFICE, INC.; § ROVIO MOBILE LTD. § RICHARD SHINDERMAN; § SQUARE ENIX LTD.; § TAKE-TWO INTERACTIVE SOFTWARE, § INC., § § Defendants. § CIVIL ACTION NO. 2:11-cv-272 (JRG) PLAINTIFF LODSYS, LLC’S NOTICE OF ASSIGNMENT OF PATENTS-IN-SUIT AND INTENT TO FILE MOTION TO SUBSTITUTE OR, IN THE ALTERNATIVE, JOIN LODSYS GROUP, LLC Plaintiff Lodsys, LLC (“Lodsys”) hereby provides notice that Lodsys has sold and therefore assigned to Lodsys Group, LLC (“Lodsys Group”) all rights, title, and interest to U.S. Patent Nos. 7,222,078 and 7,620,565 (collectively, the “patents-in-suit”), effective as of February 1, 2012. Pursuant to Federal Rules of Civil Procedure 17(a), 21, and 25(c), Lodsys intends to file (and was prepared to file today) a motion to substitute or, in the alternative, join Lodsys Group for all purposes in this action, including as plaintiff and counterclaim defendant. Pursuant to Local Rule CV-7(h), Lodsys has informed and discussed with counsel for each of the defendants regarding Lodsys’s intent to file such a motion, including providing defendants’ counsel a draft of the motion papers. Lodsys has also already filed similar unopposed motions in two of the other cases pending before this Court in which Lodsys is a plaintiff (see case nos. 11-283 and 11- 1 309). As soon as the meet and confer process is complete, Lodsys will file its motion in this action. Dated: January 31, 2012. Respectfully Submitted, By: /s/ Christopher M. Huck Michael A. Goldfarb (admitted pro hac vice) Christopher M. Huck (admitted pro hac vice) KELLEY, DONION, GILL, HUCK & GOLDFARB, PLLC 701 Fifth Avenue, Suite 6800 Seattle, Washington 98104 Phone: (206) 452-0260 Fax: (206) 397-3062 Email: goldfarb@kdg-law.com huck@kdg-law.com William E. “Bo” Davis, III Texas State Bar No. 24047416 THE DAVIS FIRM, PC 111 West Tyler Street Longview, Texas 75601 Phone: (903) 230-9090 Fax: (903) 230-9090 Email: bdavis@bdavisfirm.com Attorneys for Plaintiff Lodsys, LLC and Proposed Substitution Plaintiff Lodsys Group, LLC 2 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this response was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(V). 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 31st day of January, 2012. By: 3 /s/ Christopher M. Huck Christopher M. Huck

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