Anascape, Ltd v. Microsoft Corp. et al

Filing 111

Consent MOTION for Leave to File First Amended Answer, Defenses, and Counterclaims by Microsoft Corp.. (Attachments: # 1 Exhibit 1 - Proposed Amended Pleading# 2 Text of Proposed Order)(Carraway, J)

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Anascape, Ltd v. Microsoft Corp. et al Doc. 111 Case 9:06-cv-00158-RHC Document 111 Filed 07/09/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION Hon. Ron Clark Civil Action No.: 9:06-CV-00158-RC ANASCAPE, LTD., Plaintiff, v. MICROSOFT CORP. and NINTENDO OF AMERICA INC., Defendants. DEFENDANT MICROSOFT CORPORATION'S UNOPPOSED MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWER, DEFENSES AND COUNTERCLAIMS TO PLAINTIFF'S FIRST AMENDED COMPLAINT Pursuant to Fed. R. Civ. P. 15(a), Defendant Microsoft Corporation ("Microsoft") moves the Court for leave to file an Amended Answer, Defenses, and Counterclaims to Plaintiff's First Amended Complaint. By the amendment, Microsoft would plead, with the specificity required by Fed. R. Civ. P. 9(b), three additional grounds of inequitable conduct for its defense and counterclaim of patent unenforceability. The proposed amended pleading is attached hereto as Exhibit 1. The three new allegations of inequitable conduct are pled at paragraphs 23-68 of Microsoft's Defenses and paragraphs 62-107 of Microsoft's Counterclaims. Plaintiff Anascape, Ltd., through counsel, has indicated that it does not oppose Microsoft's motion for leave to file the attached amended pleading. Given that Plaintiff does not oppose the amendment, that discovery does not close for five months, and that Rule 15(a) counsels that leave to amend pleadings should be given freely when justice so requires, Microsoft respectfully requests that the Court grant the requested leave to file. DEFENDANT MICROSOFT CORPORATION'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT Page 1 Dockets.Justia.com Case 9:06-cv-00158-RHC Document 111 Filed 07/09/2007 Page 2 of 3 Respectfully submitted, Dated: July 9, 2007 By: /s/ J. Christopher Carraway ___________ J. Christopher Carraway (admitted pro hac vice) christopher.carraway@klarquist.com Joseph T. Jakubek (admitted pro hac vice) joseph.jakubek@klarquist.com Stephen J. Joncus (admitted pro hac vice) stephen.joncus@klarquist.com Richard D. Mc Leod (Bar No. 24026836) rick.mcleod@klarquist.com Derrick W. Toddy (admitted pro hac vice) derrick.toddy@klarquist.com KLARQUIST SPARKMAN, LLP 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204 Telephone: 503-595-5300 J. Thad Heartfield (Bar No. 09346800) thad@jth-law.com Law Offices of J. Thad Heartfield 2195 Dowlen Road Beaumont, Texas 77706 Telephone: 409-866-3318 Facsimile: 409-866-5789 Clayton E Dark Jr. (Bar No. 05384500) clay.dark@yahoo.com Clayton E Dark Jr., Law Office 207 E Frank Ave # 100 Lufkin, TX 75901 Telephone: 936-637-1733 Stephen McGrath, Esq. (admitted pro hac vice) MICROSOFT CORPORATION One Microsoft Way, Building 8 Redmond, Washington 98052-6399 Telephone: 425-882-8080 Facsimile: 425-706-7329 Attorneys for Defendant Microsoft Corporation DEFENDANT MICROSOFT CORPORATION'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT Page 2 Case 9:06-cv-00158-RHC Document 111 Filed 07/09/2007 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that all counsel of record who 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(a)(3) on this the 9th day of July, 2007. Any other counsel of record will be served by first class mail. /s/ J. Christopher Carraway _______ CERTIFICATE OF SERVICE

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