Stragent, LLC et al v. Classmates Online, Inc. et al

Filing 75

NOTICE by SeeSaw Foundation, Stragent, LLC re 15 Order, Notice of Readiness for Scheduling Conference (Albritton, Eric)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STRAGENT, LLC, et al., Plaintiffs, v. CLASSMATES ONLINE, INC., et al., Defendants. § § § § § § § §

CIVIL ACTION NO. 6:10-CV-242-LED JURY TRIAL DEMANDED

NOTICE OF READINESS FOR SCHEDULING CONFERENCE Pursuant to the Court's Order dated July 27, 2010 (Dkt. No. 15), Plaintiffs Stragent, LLC and SeeSaw Foundation file this notice that the case is ready for scheduling conference. All remaining Defendants have either answered Plaintiffs' Second Amended Complaint for Patent Infringement or filed a motion to dismiss. The following motions to dismiss are currently pending: (1) Defendants United Online, Inc. and Classmates Media Corporation's Motion to

Dismiss for Lack of Subject Matter Jurisdiction, Fed. R. Civ. P. 12(b)(1), Lack of Personal Jurisdiction, Fed. R. Civ. P. 12(b)(2), and Improper Venue, Fed. R. Civ. P. 12(b)(3) (Dkt. No. 69); and (2) Defendant Classmates Online, Inc.'s Motion to Dismiss for Failure to State a

Claim, Fed. R. Civ. P. 12(b)(6) Based on the Failure of the Patent-in-Suit to Claim Patentable Subject Matter Under 35 U.S.C. § 101 (Dkt. No. 70). There are no motions to transfer currently pending. The patent in suit in the present action is U.S. Patent No. 6,665,722 ("the `722 patent"). The `772 patent was previously asserted in the Eastern District of Texas in Stragent, LLC v.

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Nokia, Inc., et al., Civil Action No. 2:08-cv-293-DF-CE, which was dismissed on October 22, 2009. In addition to the instant case, the `722 patent is currently being asserted in Stragent, LLC, et al. v. Match.com, LLC, et al., Civil Action No. 6:10-cv-226-LED (E.D. Tex.) and Stragent, LLC, et al. v. LG Electronics Mobilecomm U.S.A., Inc., et al., Civil Action No. 6:10-cv-244-LED (E.D. Tex.). No claim construction hearing or trial date is scheduled for any related case. Respectfully submitted,

_____________________________ Eric M. Albritton Texas Bar No. 00790215 [e-mail] Adam A. Biggs Texas Bar No. 24051753 [e-mail] Debra Coleman Texas Bar No. 24059595 [e-mail] Matthew C. Harris Texas Bar No. 24059904 [e-mail] ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] Thomas John Ward, Jr. Texas Bar No. 00794818 [e-mail] WARD & SMITH LAW FIRM P.O. Box 1231 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] Danny L. Williams Texas Bar No. 21518050 [e-mail]

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J. Mike Amerson Texas Bar No. 01150025 [e-mail] Jaison C. John Texas State Bar No. 24002351 [e-mail] Christopher N. Cravey Texas Bar No. 24034398 [e-mail] Matthew R. Rodgers Texas Bar No. 24041802 [e-mail] Michael A. Benefield Indiana Bar No. 24560-49 [e-mail] David Morehan Texas Bar No. 24065790 [e-mail] WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] Attorneys for Stragent, LLC and SeeSaw Foundation

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this notice was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). 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 27th day of October 2010.

_____________________________ Eric M. Albritton

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