Parallel Networks, LLC v. Adidas America, Inc. et al

Filing 517

NOTICE by Kohl's Department Stores, Inc., New Balance Athletic Shoe, Inc. regarding proposal to limit case to 5 asserted claims and 5 claim terms for construction (Heartfield, J)

Parallel Networks, LLC v. Adidas America, Inc. et al

Doc. 517

March 7, 2011

The Honorable Leonard Davis U.S. District Judge William M. Steger Federal Building and United States Courthouse 211 W. Ferguson, Third Floor Tyler, Texas 75702 Re: Parallel Networks, LLC v. Abercrombie & Fitch, et al., Civil Action No. 6:10-cv-111-LED (E.D. Texas, Tyler Division) Parallel Networks, LLC v. AEO, Inc., et al. Civil Action No. 6:10-cv-275-LED (E.D. Texas, Tyler Division) Parallel Networks, LLC v. Adidas America, Inc., et al. Civil Action No. 6:10-cv-491-LED (E.D. Texas, Tyler Division)

Dear Judge Davis: As requested by the Court at the status conference on March 1, 2011, this is to provide a response on behalf of our clients, listed on Attachment A, regarding the proposal to limit the case to 5 asserted claims and 5 claim terms for construction. At this time, while some of our clients agree to the modified proposal propounded by the other defendants and some are inclined to agree, without clarification as to the claims Plaintiff will assert and without further guidance regarding a procedure for completion of discovery and trial in the event of a possible denial of summary judgment motions for non-infringement, some of our clients currently oppose the proposal. Of course our clients remain open to ways to streamline the case in the event additional information is provided. Very truly yours,

/s/ J. Thad Heartfield J. Thad Heartfield JTH/kp Attachment cc: Counsel of Record

Dockets.Justia.com

ATTACHMENT A Parallel Networks, LLC v. Abercrombie & Fitch, et al., Civil Action No. 6:10-cv-111-LED (E.D. Texas, Tyler Division): The Gap Inc. J.C. Penney Corporation, Inc. Kmart Corporation Sears Brands, LLC, Sears Holdings Corporation and Sears, Roebuck & Co. Office Depot, Inc. Parallel Networks, LLC v. AEO, Inc., et al., Civil Action No. 6:10-cv-275-LED (E.D. Texas, Tyler Division) Patagonia, Inc. Nordstrom, Inc. Juicy Couture, Inc. Liz Claiborne, Inc. Recreational Equipment, Inc. Williams-Sonoma, Inc. QVC, Inc. Parallel Networks, LLC v. Adidas America, Inc., et al., Civil Action No. 6:10-cv-491-LED (E.D. Texas, Tyler Division) Kohl's Department Stores, Inc. New Balance Athletic Shoe, Inc.