Anascape, Ltd v. Microsoft Corp. et al

Filing 38

Consent MOTION to Amend/Correct UNOPPOSED MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT by Anascape, Ltd. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Baxter, Samuel)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 38

Case 9:06-cv-00158-RHC

Document 38

Filed 11/21/2006

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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. Civil Action No. 9:06-cv-158-RC JURY TRIAL REQUESTED

UNOPPOSED MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT Plaintiff Anascape, Ltd. ("Anascape") moves the Court for leave to file an amended complaint asserting U.S. Patent No. 6,222,525 ("the '525 patent") against Defendant Microsoft Corp. ("Microsoft") and in support thereof, states as follows: 1. Anascape filed its Original Complaint on July 31, 2006 against Microsoft and

Defendant Nintendo of America, Inc. ("Nintendo"). In its Original Complaint, Anascape alleged that Nintendo five of its patents, including the '525 patent, and that Microsoft infringed eleven of its patents, not including the '525 patent. 2. Plaintiff seeks leave of this Court to amend its Complaint, pursuant to Fed. R.

Civ. P. 15 and this Court's October 12, 2006 Order, in order to additionally assert the '525 patent against Microsoft. The proposed First Amended Complaint is attached as Exhibit 1 hereto. 3. The Case Management Conference is scheduled for December 13, 2006 and no

discovery has been propounded in this case to date. Therefore, the requested amendments will not affect discovery that will be conducted in this matter, nor delay trial of this case. 4. Defendants Microsoft and Nintendo do not oppose this Motion.
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PLAINTIFF'S MOTION FOR LEAVE TO AN FILE AMENDED COMPLAINT Dallas 228881v2

Dockets.Justia.com

Case 9:06-cv-00158-RHC

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Filed 11/21/2006

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WHEREFORE, Plaintiff Anascape, Ltd. moves the Court to grant leave to file and serve the attached and proposed First Amended Complaint, and for such other and further relief to which it may be entitled in law or in equity.

PLAINTIFF'S MOTION FOR LEAVE TO AN FILE AMENDED COMPLAINT Dallas 228881v2

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DATED: November 21, 2006.

Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] P.O. Box O 505 E. Travis, Suite 105 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Luke F. McLeroy Texas State Bar No. 24041455 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [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] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

PLAINTIFF'S MOTION FOR LEAVE TO AN FILE AMENDED COMPLAINT Dallas 228881v2

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on counsel of record via ECF or U.S. Mail on this 21st day of November, 2006.

/s/ Luke F. McLeroy Luke F. McLeroy

PLAINTIFF'S MOTION FOR LEAVE TO AN FILE AMENDED COMPLAINT Dallas 228881v2

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CERTIFICATE OF CONFERENCE The undersigned counsel has conferred with counsel for the Defendants and has been informed that the Defendants do not oppose this Motion. /s/ Luke F. McLeroy Luke F. McLeroy

PLAINTIFF'S MOTION FOR LEAVE TO AN FILE AMENDED COMPLAINT Dallas 228881v2

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