Anascape, Ltd v. Microsoft Corp. et al

Filing 189

Consent MOTION to Amend/Correct 169 Scheduling Order UNOPPOSED MOTION TO EXTEND DEADLINES RELATED TO THE PSVC PATENTS by Anascape, Ltd. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD., Plaintiff, § § § § § § § Civil Action No. 9:06-cv-158-RC § § JURY TRIAL REQUESTED § § § §

v. MICROSOFT CORP. and NINTENDO OF AMERICA, INC., Defendants.

UNOPPOSED MOTION TO EXTEND DEADLINES RELATED TO THE PSVC PATENTS Plaintiff Anascape, Ltd. ("Anascape") files this Unopposed Motion to Extend Deadlines Related to the PSVC Patents. The disputed issues remaining for the May 2008 trial no longer include any claims involving PSVC material. The PSVC Patents that are not stayed (the '084, '802, '886, and '991 Patents) are presently set for trial for February 9, 2009, and Microsoft Corp. ("Microsoft") and Anascape would like to set expert report deadlines, and related deadlines, closer to that trial date. Microsoft and Anascape seek to move (1) the burden expert report deadlines, (2) the responsive expert report deadlines, (3) the expert discovery deadline, and (4) the dispositive motion deadline related to these patents. Anascape and Microsoft propose that they submit to the Court new proposed stipulated dates for these deadlines by February 29, 2008. This extension is not sought for delay. Microsoft does not oppose this Motion.

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DATED: February 12, 2008

Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] P.O. Box O 104 East Houston Street, Suite 300 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Anthony M. Garza Texas State Bar No. 24050644 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Robert M. Parker Texas State Bar No. 15498000 [e-mail] Robert Christopher Bunt Texas State Bar No. 00787165 [e-mail] Charles Ainsworth Texas State Bar No. 00783521 [e-mail] Parker, Bunt & Ainsworth P.C. 100 E. Ferguson Street, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

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CERTIFICATE OF CONFERENCE I hereby certify that counsel for Plaintiff Anascape conferred with counsel for Microsoft regarding the foregoing Motion. Counsel for Microsoft represented that Microsoft did not oppose the Motion. /s/ Anthony M. Garza Anthony M. Garza CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a), on February 12, 2008. As such, this motion was served on all counsel who had consented to electronic service.

_/s/ Anthony M. Garza________________ Anthony M. Garza

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