Anascape, Ltd v. Microsoft Corp. et al

Filing 64

REPLY to Response to Motion re 56 MOTION to Stay Litigation Pending Reexamination of the Patents-in-Suit by the Patent Office filed by Microsoft Corp.. (Attachments: # 1 Exhibit A - Declaration of Joseph T. Jakubek# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Carraway, J)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 64 Att. 3

Case 9:06-cv-00158-RHC

Document 64

Filed 02/05/2007

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EXHIBIT C
to Microsoft's Reply in Support of its Motion to Stay Litigation Pending Reexaminations

Dockets.Justia.com

Case 9:06-cv-00158-RHC

Document 64

Filed 02/05/2007

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Case 9:06-cv-00158-RHC

Document 64

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Casee 9:06-cv-00158-RHCDocument 86-1 Filed 12/16/2004 Page 15 of 5 Cas 5:03-cv-00160-DF Document 64 Filed 02/05/2007 Page 4 17

B.

In The Alternative, The Court Should At Least Continue The Trial Date For Six Months. As discussed above, Plaintiff has recently added eight defendants to this lawsuit. Not one

of these defendants has made an appearance, and several of these defendants will be filing motions to dismiss. Moreover, discovery is not complete, and the parties have neither taken depositions nor made expert disclosures. Thus, even if the Court were to find that this case

should not be stayed, the Court should at least continue the trial date for a minimum of six months in order for the parties to prepare sufficiently for trial. IV. CONCLUSION For the foregoing reasons, Defendant Wacoal respectfully requests that the Court enter an Order staying all proceedings in this action, including all claims asserted against Wacoal and the Retailer Defendants, pending the resolution of the PTO's reexamination of the '906 patent or, in the alternative, continue the trial date for at least six months.

DEFENDANT WACOAL AMERICA, INC.'S MOTION FOR STAY PENDING REEXAMINATION OF THE PATENT-IN-SUIT BY THE PTO - PAGE 11 ny-595746 v8 Dallas 183656v1

Cas 5:03-cv-00160-DF Document 64 Filed 02/05/2007 Page 5 17 Casee 9:06-cv-00158-RHCDocument 86-1 Filed 12/16/2004 Page 16 of 5

Respectfully submitted, Wacoal America, Inc.

Dated: December 16, 2004

By: /s/ Sam Baxter Samuel F. Baxter Garret W. Chambers McKOOL SMITH 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Karen L. Hagberg Sherman Kahn MORRISON & FOERSTER LLP 1290 Avenue of the Americas New York, NY 10104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Wacoal America, Inc.

DEFENDANT WACOAL AMERICA, INC.'S MOTION FOR STAY PENDING REEXAMINATION OF THE PATENT-IN-SUIT BY THE PTO - PAGE 12 ny-595746 v8 Dallas 183656v1