Lodsys, LLC v. Combay, Inc. et al

Filing 95

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

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: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
William E. “Bo” Davis, III
Texas State Bar No. 24047416
THE DAVIS FIRM, PC
111 West Tyler Street
Longview, Texas 75601
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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