WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 288

MOTION to Strike 277 MOTION for Leave to File Two Letter Briefs Requesting Permission to File Certain Motions and Request to Strike Defendants Letter Briefs filed under Dkt. 280 and 287 by WI-LAN Inc.. (Attachments: # 1 Text of Proposed Order)(Fareed, Syed)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WI-LAN INC., Plaintiff, v. ALCATEL-LUCENT USA INC.; et al. Defendants § § § § § § § § § § Civil Action No. 6:10-cv-521-LED JURY TRIAL DEMANDED PLAINTIFF WI-LAN’S MOTION TO STRIKE DEFENDANTS’ LETTER BRIEFS On December 7, 2012, Defendants filed a Motion for Leave to File Two Letter Briefs Requesting Permission to File Certain Motions. (Dkt. No. 277.) In spite of the requirements of Local Rule CV-7(k), Defendants failed to file the two Letter Briefs that were the subject of their Motion for Leave at that time. Instead, Defendants apparently filed those required Letter Briefs on December 14, 2012 and January 4, 2013, long after the deadline and without noting that the Letter Briefs were the subject of a pending Motion for Leave. (Dkt. Nos. 280, 287.) Although Wi-LAN believes that under Local Rule CV-7(k) no further response to Defendants’ untimely and improper Letter Briefs is required unless and until the Court grants Defendants’ Motion for Leave, out of an abundance of caution, Wi-LAN respectfully requests that the Court strike Defendants’ Letter Briefs for the reasons set forth in its Opposition to Defendants’ Motion for Leave. (Dkt. No. 285.) Dated: January 7, 2013 Respectfully submitted, By: Local Counsel Johnny Ward (TX Bar No. 00794818) Wesley Hill (TX Bar No. 24032294) WARD & SMITH LAW FIRM P.O. Box 1231 1127 Judson Rd., Ste. 220 Longview, TX 75606-1231 Tel: (903) 757-6400 Fax: (903) 757-2323 jw@jwfirm.com wh@jwfirm.com /s/ Syed K. Fareed David B. Weaver (TX Bar No. 00798576) Lead Attorney Avelyn M. Ross (TX Bar No. 24027817) Ajeet P. Pai (TX Bar No. 24060376) Syed K. Fareed (TX Bar No. 24065216) Jeffrey T. Han (TX Bar No. 24069870) Janice Ta (TX Bar No. 24075138) Seth A. Lindner (TX Bar No. 24078862) VINSON & ELKINS LLP 2801 Via Fortuna, Suite 100 Austin, TX 78746 Tel: (512) 542-8400 Fax: (512) 542-8612 dweaver@velaw.com aross@velaw.com apai@velaw.com sfareed@velaw.com jhan@velaw.com jta@velaw.com slindner@velaw.com Chuck P. Ebertin (CA Bar No. 161374) VINSON & ELKINS LLP 525 University Avenue, Suite 410 Palo Alto, CA 94301-1918 Tel: (650) 687-8204 Fax: (650) 618-8508 cebertin@velaw.com Steve R. Borgman (TX Bar No. 02670300) VINSON &ELKINS LLP 1001 Fannin Street, Suite 2500 Houston, TX 77002-6760 Tel: (713) 758-2222 Fax: (713) 758-2346 sborgman@velaw.com Wi-LAN@velaw.com Attorneys for Plaintiff, Wi-LAN Inc. CERTIFICATE OF CONFERENCE The undersigned certifies that Plaintiff Wi-LAN Inc. has complied with the requirements of Local Rule CV-7(h). Specifically, counsel for the parties discussed the substance of Defendants’ Motion for Leave to File Two Letter Briefs (Dkt. No. 277) via e-mail and during several telephonic conferences. Counsel for Wi-LAN and the Defendants were unable to reach agreement with regards to the issues included in Defendants’ Motion for Leave. Accordingly, impasse has been reached with regards to those issues (which are the same matters at issue in this Motion), leaving an open issue for the Court to resolve. /s/ Syed K. Fareed Syed K. Fareed CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document 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 and/or fax, on this the 7th day of January, 2013. /s/ Syed K. Fareed Syed K. Fareed

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