Anascape, Ltd v. Microsoft Corp. et al

Filing 402

Consent MOTION TO SUPPLEMENT THE PROTECTIVE ORDER by Anascape, Ltd. (Attachments: # 1 Text of Proposed Order)(Cawley, Douglas)

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 TO SUPPLEMENT THE PROTECTIVE ORDER In accordance with Federal Circuit Rule 11(d),1 Anascape Ltd. ("Anascape") and Nintendo of America, Inc. have agreed that the exhibits admitted at trial that are listed in the attached proposed order do not need to remain protected on appeal. As a result, Anascape requests that the Court supplement the protective order to exclude these documents, notwithstanding any confidentiality designations on the face of those documents. Civil Action No. 9:06-cv-158-RC JURY TRIAL REQUESTED

Federal Circuit Rule 11(d) states, in part: "Agreement by Parties to Modify a Protective Order; Certificate of Compliance. If any portion of the record in the trial court is subject to a protective order and a notice of appeal has been filed, each party must promptly review the record to determine whether protected portions need to remain protected on appeal. If a party determines that some portions no longer need to be protected, that party must seek an agreement with the other party. Any agreement that is reached must be promptly presented to the trial court, which may issue an appropriate order."

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DATED: September 18, 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] 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 September 18, 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 September 16, 2008, I corresponded with James Blank, counsel for Nintendo, and was informed that Nintendo did not oppose the relief requested in this motion. /s/ Anthony M. Garza

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