Mirror Worlds, LLC v. Apple, Inc.

Filing 112

Unopposed MOTION for Leave to File Second Amended Answer by Apple, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Stefani)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 112

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaint iff, v. APPLE INC., Defendant. APPLE INC., Counterclaim Plaintiff, v. MIRROR WORLDS LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. Civil Action No. 6:08-CV-88 LED JURY TRIAL DEMANDED

APPLE INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER Defendant and Counterclaim Plaintiff Apple Inc. ("Apple") hereby moves for leave to file its Second Amended Answer, Affirmative Defenses And Counterclaims. Good cause exists for the requested relief. On June 2, 2009, the Court entered an order permitting Apple to file its First Amended Answer, Affirmative Defenses and Counterclaims. Apple now seeks leave to file the attached Second Amended Answer, Affirmative Defenses And Counterclaims in which it adds new

UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER
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claims for unenforceability of the patents-in-suit setting forth allegat ions of inequitable conduct based on information obtained in discovery. Apple has informed Mirror Worlds of its request for leave to file the attached amended pleading and has provided Mirror Worlds with a copy of the pleading. Mirror Worlds does not oppose Apple's request for leave to file this amended pleading. However, Mirror Worlds

reserves its right to challenge Apple's inequitable conduct claims on any ground, including, but not limited to moving to dismiss those claims. WHEREFORE, PREMISES CONSIDERED, Apple respectfully requests the Court to grant its motion for leave and permit Apple to file its Second Amended Answer, Affirmative Defenses And Counterclaims.

UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER

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Dated: August 27, 2009

Respectfully submitted, /s/ Stefani C. Smith__ Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 [phone] (phone) [phone] (fax) [e-mail] Matthew Powers Lead Attorney Steven Cherensky Sonal N. Mehta (Pro Hac Vice) Stefani C. Smith (Pro Hac Vice) WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 650-802-3000 (phone) 650-802-3100 (fax) [e-mail] [e-mail] m [e-mail] m stefani.smit [e-mail] m Attorneys for Defendant and Counterclaim Plaintiff APPLE INC.

UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER

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CERTIFICATE OF CONFERENCE The undersigned certifies that counsel for Apple discussed this motion with Richard An, counsel for the plaintiff, who advised that it is unopposed. /s/ Stefani C. Smith___ Stefani C. Smith CERTIFICATE OF SERVICE This is to certify that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 27th day of August, 2009. /s/ Stefani C. Smith___ Stefani C. Smith

UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER