New Pacer--FIFTH UNOPPOSED MOTION FOR EXTENSION OF TIME TO
ANSWER
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
TECHNOLOGY PROPERTIES LIMITED, INC. and
PATRIOT SCIENTIFIC CORPORATION,
Plaintiffs,
vs.
(1) ACER, INC.
(2) ACER AMERICA CORPORATION
(3) GATEWAY, INC.
Defendants.
DEFENDANTS ACER INC., ACER AMERICA CORPORATION, AND GATEWAY
INC.’S FIFTH UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS’ COMPLAINT
Defendants Acer Inc., Acer America Corporation, and Gateway Inc. (collectively “Defendants”) file this Fifth Unopposed Motion for Extension of Time to Answer, Move or Otherwise Respond to Plaintiffs’ Original Complaint and would show the Court as follows:
1. On November 14, 2008, Defendants filed a Fourth Unopposed Motion for Extension of Time to File Answer. (Docket No. 16.)
2. The Court granted the motion and Defendants’ Answer to Plaintiffs’ Complaint was due on December 1, 2008. (Docket No. 17.) This date accommodated all parties because Plaintiffs in this action had filed a Motion to Dismiss or, in the Alternative, to Transfer Venue (“Motion”) in a related action before the Northern District of California.
3. The hearing in the Northern District of California on Plaintiffs’ Motion took place on September 19, 2008. On October 21, 2008, the Court denied Plaintiffs’ Motion.
4. In response to the Court’s denial of Plaintiffs’ Motion, Defendants filed a Motion for Leave to Amend (“Motion to Amend”) to add the remaining patents asserted in the three
related cases before this Court to the action before the Northern District of California. The hearing on Defendants’ Motion to Amend is set for December 19, 2008.
5. The Parties seek the current extension in order to have a final ruling regarding the remaining patents asserted in the three related cases before this Court.
6. Counsel for all parties have stipulated to the current extension. The parties respectfully request that Defendants be granted an extension up to and including January 16, 2009, to answer, move or otherwise respond to Plaintiffs’ Original Complaint.
WHEREFORE, Defendants Acer Inc., Acer America Corporation, and Gateway Inc. respectfully move to have the Court grant this Fifth Unopposed Motion for Extension of Time to Answer, Move or Otherwise Respond to Plaintiffs’ Original Complaint and that Defendants have up to and including January 16, 2009 to answer, move or otherwise respond to Plaintiffs’ Original Complaint, and that it have all other and further relief to which it is justly entitled.
Dated: November 26, 2008
Respectfully submitted,
/s/ Benjamin Setnick
John H. McDowell, Jr.
Texas State Bar No. 13570825
Benjamin Setnick
Texas State Bar No. 24058820
K&L Gates LLP
1717 Main Street
Suite 2800
Dallas, Texas 75201
Timothy P. Walker
California Bar No. 105001
Harold H. Davis, Jr.
California Bar No. 235552
K&L GATES LLP
55 Second St., Suite 1700
San Francisco, CA 94105
ATTORNEYS FOR DEFENDANTS
ACER AMERICA CORPORATION, ACER
INC., AND GATEWAY, INC.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court’s CM/ECF system per Local Rule CV-5(a)(3) on November 26, 2008. Any other counsel of record will be served via facsimile transmission and first class mail.
/s/ Benjamin Setnick
Benjamin Setnick
