Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 819

MOTION for Leave to File Staples, Inc.'s Second Amended Answer, Defenses, and Counterclaims by Staples, Inc.. (Attachments: # 1 Exhibit A (part 1 of 4), # 2 Exhibit A (part 2 of 4), # 3 Exhibit A (part 3 of 4), # 4 Exhibit A (part 4 of 4), # 5 Text of Proposed Order)(Richardson, Michael)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated

$
$

Plaintiff,

$
$

v.

s

$
Adobe Systems Inc. et al.,

Civil Action No. 6:09-cv-00446-LED

$
$

Defendants.

$
$
$

DEFENDANT STAPLES, INC.'S MOTION FOR LEAVE TO FILE
STAPLES, INC.'S SECOND AMENDED ANSWER,
DEFENSES. AND COUNTERCLAIMS
Pursuant to Rule 15

of the Federal Rules of Civil Procedure, Defendant Staples, Inc.

("Staples") respectfully requests that the Court allow it leave to file a Second Amended Answer,
Defenses, and Counterclaims.
Defenses, and Counterclaims

A

copy of Defendant's proposed Second Amended Answer,

is attached hereto as Exhibit A. In supporl of their motion,

Defendant states as follows:

Defendant Staples files this Second Amended Ansvrer, Defenses, and Counterclaims

within six days after the expiration of the deadline to amend its pleadings. The changes to
Staples' answer and counterclaims are the same as those already filed by other defendants in this
case relating

to inequitable conduct facts recently learned, and accordingly Eolas will suffer no

possible prejudice.
Staples has conferred with Eolas, and Eolas consents to this motion.

WHEREFORE, Defendant requests leave to f,rle its Second Amended Answer, Defenses,
and Counterclaims; and for all such other and further relief to which
entitled.

it may show itself justly

Date: August 4,2017

Respectfully submitted,

lsl Michael E. Richardson
Michael E. Richardson
TX Bar No. 24002838
BECK REDDEN & SECREST
1221 McKinney, Suite 4500
Houston, T){770l0
Telephone: [phone]
Facsimile: (7 13) 951 -3720
mrichardson@brshrm. com

Mark G. Matuschak, admitted pro hac vice
Donald R. Steinberg, admitted pro hac vice
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: (6 I 7) 526-5000
mark. matuschak@wilmerhale. com
donald. steinberg@wilmerhale. com
Kate Hutchins, admitted pro hac vice

WILMER CUTLER PICKERING
HALE AND DORR LLP
399 Park Avenue
New York, NY l00l I
Telephone: (2 l2) 230-8800
Facsimile: (21 2) 230-8888
kate.hutchins@wi lmerhale. com

Daniel V. Williams, admitted pro hac vice
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
Telephone: [phone]
Facsimile: (202) 663 -6363
daniel.williams@wilmerhale. com

ATTORNEYS FOR DEFENDANT
STAPLES,INC.

CERTIFICATE OF CONFERENCE
tr

eertiff that Counsel for Staples has conferred with Counsel for Eolas concerning the

foregoing motion, and Counsel for Eolas does not oppose this motion.

lsl Caitlin Loobv
Caitlin Looby

CERTIFICATE OF SERVICE
The undersigned hereby certifies 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(aX3) this 4th day of August, 2011.

/s/ Michael E. Richardson
Michael E. Richardson