Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 252

Unopposed MOTION to Withdraw 248 MOTION to Strike Previously Construed Claim Terms From the Parties' P.R. 4-3 Statement by Uniloc Singapore Private Limited, Uniloc USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Nelson, Edward)

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

UNILOC USA, INC., ET AL.
Plaintiffs,
vs.
SONY CORPORATION OF AMERICA,
ET AL.
Defendants.
UNILOC USA, INC., ET AL.
Plaintiffs,
vs.
DISK DOCTORS LABS, INC., ET AL.
Defendants.
UNILOC USA, INC., ET AL.
Plaintiffs,
vs.
NATIONAL INSTRUMENTS CORP., ET
AL.
Defendants.

UNILOC USA, INC., ET AL.
Plaintiffs,
vs.
ENGRASP, INC., ET AL.
Defendants.

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CASE NO. 6:10-CV-373
PATENT CASE

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CASE NO. 6:10-CV-471
PATENT CASE

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CASE NO. 6:10-CV-472
PATENT CASE

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CASE NO. 6:10-CV-591
PATENT CASE

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BMC SOFTWARE, INC., ET AL.
Defendants.

UNILOC USA, INC., ET AL.
Plaintiffs,
vs.
FOXIT CORPORATION, ET AL.
Defendants.

SYMANTEC CORPORATION, ET AL.
Plaintiffs,
vs.
UNILOC USA, INC., ET AL.
Defendants.

CASE NO. 6:10-CV-691
PATENT CASE

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vs.

CASE NO. 6:10-CV-636
PATENT CASE

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UNILOC USA, INC., ET AL.
Plaintiffs,

CASE NO. 6:11-CV-33
PATENT CASE

UNILOC’S UNOPPOSED MOTION TO WITHDRAW ITS MOTION TO STRIKE
PREVIOUSLY CONSTRUED CLAIM TERMS FROM THE PARTIES’ P.R. 4-3
STATEMENT
Plaintiffs Uniloc USA Inc. and Uniloc Singapore Limited (“Uniloc”) file this
Unopposed Motion to Withdraw Its Motion to Strike Previously Construed Claim Terms
from the Parties’ P.R. 4-3 Statement (Dkt. No. 248). Uniloc and Defendants have been
able to further narrow the issues for claim construction, obviating the need for Uniloc’s
Motion to Strike.

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Uniloc still maintains its opposition to Defendant Pervasive Software, Inc.’s
desire to re-construe certain previously construed claim terms. Pervasive has filed a
Motion for Leave to Construe Previously Construed Term in Uniloc USA, Inc. et al. v.
National Instruments Corp. et al., Case no. 6:10-CV-472 (E.D. Tex.) (Dkt. No. 243).
Uniloc has filed its opposition to that Pervasive’s Motion in that matter. Id. at Dkt. 251.
Uniloc’s present request to withdraw its Motion to Strike does not diminish its opposition
to Pervasive’s motion.
Accordingly, Uniloc hereby moves to withdraw its Motion to Strike Previously
Construed Claim Terms from the Parties’ P.R. 4-3 Statement (Dkt. No. 248).

Dated: September 2, 2011

By:
/s/ Edward R. Nelson, III
Edward R. Nelson, III
Texas State Bar No. 00797142
Barry J. Bumgardner
Texas State Bar No. 24041918
Steven W. Hartsell
Texas State Bar No. 24040199
S. Brannon Latimer
Texas State Bar No. 24060137
Jaime K. Olin
Texas State Bar No. 24070363
NELSON BUMGARDNER CASTO, P.C.
3131 West 7th Street, Suite 300
Fort Worth, Texas 76107
[phone]
[phone] (fax)
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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T. John Ward, Jr.
Texas State Bar No. 00794818
J. Wesley Hill
Texas State Bar No. 24032294
WARD & SMITH LAW FIRM
111 West Tyler St.
Longview, Texas 75601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFFS
UNILOC USA, INC. AND
UNILOC SINGAPORE PRIVATE
LIMITED

CERTIFICATE OF SERVICE
I hereby certify that on the 2nd day of September 2011, I electronically filed the
foregoing document with the clerk of the court for the U.S. District Court, Eastern
District of Texas, Tyler Division, using the electronic case filing system of the court. The
electronic case filing system sent a “Notice of Electronic Filing” to the attorneys of
record who have consented in writing to accept this Notice as service of this document by
electronic means.
/s/ Edward R. Nelson, III

CERTIFICATE OF CONFERENCE
The undersigned confirms that counsel for Plaintiffs has conferred with counsel
for Defendants, and Defendants do not oppose Uniloc withdrawing its Motion to Strike.

/s/ Jaime Olin
Jaime Olin
NELSON BUMGARDNER CASTO, P.C

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