AdvanceMe Inc v. RapidPay LLC

Filing 116

MOTION for Leave to File Excess Pages by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Exhibit A - Claim Construction Brief# 2 Text of Proposed Order)(Gray, Joseph)

AdvanceMe Inc v. RapidPay LLC

Doc. 116

Case 6:05-cv-00424-LED

Document 116

Filed 09/27/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, v. RAPIDPAY, LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. d/b/a SIMPLE CASH Defendants. ADVANCEME, INC., Plaintiff, v. AMERIMERCHANT, LLC, Defendant. § § § § § § § § § § § § § § § § § § § § § §

CAUSE NO. 6:05CV424 LED

CAUSE NO. 6:06cv0082 LED JURY TRIAL DEMANDED

DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO EXCEED THE PAGE LIMIT IN RESPONSIVE CLAIM CONSTRUCTION BRIEF OF DEFENDANTS FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC, AND AMERIMERCHANT, LLC, PURSUANT TO LOCAL PATENT RULE 4-5(b) Defendants First Funds LLC, Merchant Money Tree, Inc., Reach Financial, LLC, and AmeriMerchant, LLC (collectively "Defendants") respectfully request that the Court grant leave to exceed the page limit for their Responsive Claim Construction Brief Pursuant to Local Patent Rule 4-5(b), which will be filed jointly on behalf of four defendants. Specifically, in order to properly address the disputed terms, Defendants request leave of Court to file a 36-page Responsive Claim Construction Brief, a copy of which is attached here as Exhibit A.

Motion for leave to exced page limit in Markman Reply Brief (3).DOC

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 116

Filed 09/27/2006

Page 2 of 5

Plaintiff and Defendants met and conferred by telephone conference regarding this motion on September 27, 2006 and agreed that this motion will be unopposed. September 27, 2006 Respectfully submitted, By: /s/ Joseph D. Gray Willem G. Schuurman Texas State Bar No. 17855200 [e-mail] Joseph D. Gray Texas State Bar No. 24045970 [e-mail] VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: [phone] Facsimile: 512.236.3476 -andHilary L. Preston [e-mail] VINSON & ELKINS L.L.P. 666 Fifth Avenue ­ 26th Floor New York, NY 10103 Telephone: [phone] Facsimile: 212.237.0100 -andDouglas R. McSwane, Jr. State Bar No. 13861300 POTTER MINTON A Professional Corporation 110 N. College 500 Plaza Tower (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: 903.593.0846 E-mail: [e-mail] Counsel for Defendants First Funds LLC, Merchant Money Tree, Inc., Reach Financial, LLC, and AmeriMerchant, LLC

Motion for leave to exced page limit in Markman Reply Brief (3).DOC

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Case 6:05-cv-00424-LED

Document 116

Filed 09/27/2006

Page 3 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, v. RAPIDPAY, LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. d/b/a SIMPLE CASH Defendants. ADVANCEME, INC., Plaintiff, v. AMERIMERCHANT, LLC, Defendant. § § § § § § § § § § § § § § § § § § § § § §

CAUSE NO. 6:05CV424 LED

CAUSE NO. 6:06cv0082 LED JURY TRIAL DEMANDED

CERTIFICATE OF SERVICE I HEREBY CERTIFY that all counsel of record who have consented to electronic service are being served a copy of this document via the court's CM/ECF system per Local Rule CV5(a)(3) on this the 27th day of September, 2006. Any other counsel of record will be served by first class mail on this same date. By: /s/ Joseph D. Gray Joseph D. Gray

Motion for leave to exced page limit in Markman Reply Brief (3).DOC

Case 6:05-cv-00424-LED

Document 116

Filed 09/27/2006

Page 4 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, v. RAPIDPAY, LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. d/b/a SIMPLE CASH Defendants. ADVANCEME, INC., Plaintiff, v. AMERIMERCHANT, LLC, Defendant. § § § § § § § § § § § § § § § § § § § § § §

CAUSE NO. 6:05CV424 LED

CAUSE NO. 6:06cv0082 LED JURY TRIAL DEMANDED

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO EXCEED THE PAGE LIMIT IN RESPONSIVE CLAIM CONSTRUCTION BRIEF The Court having considered Defendants First Funds LLC's, Merchant Money Tree, Inc.'s, Reach Financial, LLC's, and AmeriMerchant, LLC's (collectively "Defendants") Motion for Leave to Exceed the Page Limit in Defendants' Responsive Claim Construction Brief is of the opinion that Defendants' motion should be GRANTED. Accordingly, IT IS ORDERED that Defendants may submit a Responsive Claim Construction Brief of 36 pages, excluding the Tables of Contents and Authorities.

Motion for leave to exced page limit in Markman Reply Brief (3).DOC

Case 6:05-cv-00424-LED

Document 116

Filed 09/27/2006

Page 5 of 5

IT IS SO ORDERED on this the _____ day of ___________________, 2006. __________________________________ The Honorable Leonard Davis United States District Court for the Eastern District of Texas

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