Anascape, Ltd v. Microsoft Corp. et al

Filing 239

Consent MOTION for Leave to File Excess Pages by Anascape, Ltd. (Attachments: # 1 Text of Proposed Order)(Cawley, Douglas)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 239

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION Anascape, Ltd., Plaintiff, v. Microsoft Corp., and Nintendo of America, Inc., Defendants. ANASCAPE, LTD.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITS Plaintiff Anascape, Ltd. ("Anascape") files this Unopposed Motion for Leave to Exceed Page Limits for Anascape's Omnibus Surreply to (1) Microsoft Corporation's Motion for Partial Summary Judgment of "3-D Graphics Controller" Claims [Dkt. No. 203] and (2) Nintendo's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 6,906,700 [Dkt. No. 202] ("Surreply"). In support of its Motion, Plaintiff states as follows: 1. Anascape intends to file a single seven-page surreply to the two summary Anascape has already filed an eight-page surreply in Civil Action No. 9:06-cv-158-RC JURY TRIAL REQUESTED

judgment motions identified above.

opposition to a Microsoft summary judgment motion related to the PSVC claims (Dkt. No. 185), and a six-page surreply in opposition to the joint summary judgment motion of invalidity for certain claims of the '700 Patent (Dkt. no. 236). Filing the Surreply would exceed the twentypage limitation allowed for surreply briefs in Local Rule CV-7(a)(1). Anascape respectfully requests that this Court grant Anascape an additional page in order to fully and adequately address the arguments raised by Defendants' reply briefs. 2. Counsel for Anascape has conferred with counsel for Defendants, and Defendants

do not oppose the relief requested in this Motion.

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WHEREFORE, Anascape respectfully requests that this Court enter an Order granting it leave to have an additional page in order to respond to Defendants' reply briefs supporting their summary judgment motions of noninfringement.

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DATED: March 25, 2008

Respectfully submitted, McKOOL SMITH PC /s/ Douglas A. Cawley Douglas A. Cawley Lead Attorney Texas State Bar No. 04035500 [e-mail] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Anthony M. Garza Texas State Bar No. 24050644 [e-mail] Jason D. Cassady Texas State Bar No. 24045625 [e-mail] McKool Smith PC 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Sam Baxter Texas State Bar No. 01938000 [e-mail] McKool Smith PC 104 E. Houston Street, Suite 300 P.O. Box 0 Marshall, Texas 75670 Telephone: [phone] Telecopier: [phone]

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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] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD. CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) on March 25, 2008. As such, this motion was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). /s/ Anthony M. Garza Anthony M. Garza CERTIFICATE OF CONFERENCE On March 25, 2008, I corresponded with counsel for Microsoft and Nintendo and was informed that Defendants did not oppose the relief requested in this motion. /s/ Anthony M. Garza

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