Free Motion to Compel - District Court of Delaware - Delaware

Case 1:06-cv-00788-JJF

Document 56

Filed 08/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PROMOS TECHNOLOGIES, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-788 (JJF)

FREESCALE'S MOTION TO COMPEL PROMOS TO PROVIDE INFRINGEMENT CONTENTIONS AND LICENSING INFORMATION Defendant Freescale Semiconductor, Inc. hereby moves to compel plaintiff ProMOS Technologies, Inc. to provide infringement contentions and licensing information. A proposed form of order is attached. The grounds for this motion are set forth in the Opening Brief In Support of Freescale's Motion to Compel ProMOS to Provide Infringement Contentions and Licensing Information, filed herewith. MORRIS, NICHOLS, ARSHT & TUNNELL LLP OF COUNSEL: David L. Witcoff Kevin P. Ferguson John M. Michalik JONES DAY 77 West Wacker Chicago, IL 60601-1692 312.782.3939 F. Drexel Feeling JONES DAY North Point 901 Lakeside Avenue Cleveland, OH 44114-1190 216.586.3939 Dated: August 23, 2007
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/s/ Mary B. Graham
Mary B. Graham (#2256) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 302.658.9200 Attorneys for Freescale Semiconductor, Inc.

Case 1:06-cv-00788-JJF

Document 56

Filed 08/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on August 23, 2007, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF which will send electronic notification of such filing to the following: John G. Day, Esquire Steven J. Balick, Esquire ASHBY & GEDDES

Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on August 23, 2007 upon the following individuals in the manner indicated (with the exception of the Federal Express delivery to Sten A. Jensen, which service date is August 24, 2007): BY E-MAIL AND HAND DELIVERY John G. Day, Esquire Steven J. Balick, Esquire ASHBY & GEDDES 500 Delaware Avenue, 8th Floor Wilmington, DE 19899 [email protected] [email protected] BY E-MAIL (08/23/07) & FEDERAL EXPRESS (08/24/07) Sten A. Jensen, Esquire HOGAN & HARTSON LLP 555 Thirteenth Street, NW Washington, DC 20004 [email protected] BY E-MAIL Steven J. Routh, Esquire HOGAN & HARTSON LLP [email protected] William H. Wright, Esquire HOGAN & HARTSON LLP [email protected] William C. Gooding, Esquire GOODING & CRITTENDEN, L.L.P. [email protected]

/s/ Mary B. Graham
Mary B. Graham (#2256)

Case 1:06-cv-00788-JJF

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Filed 08/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PROMOS TECHNOLOGIES, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-788 (JJF)

[PROPOSED] ORDER Having considered Freescale's Motion To Compel ProMOS To Provide Infringement Contentions And Licensing Information, IT IS HEREBY ORDERED this ___ day of __________, 2007 that: (1) Freescale's Motion To Compel ProMOS To Provide Infringement

Contentions And Licensing Information is GRANTED; (2) ProMOS shall provide the contentions relating to infringement and

the licensing information sought by Freescale, specifically (a) ProMOS shall, by September 24, 2007, fully answer Freescale's interrogatory nos. 1, 2-3 (as they affect ProMOS's claim readings), 20 and 24, based upon all information produced or made available by Freescale or otherwise known to ProMOS, and (b) ProMOS shall, by October 12, 2007, fully answer interrogatory no. 9 and produce documents requested by document requests 26, 62 and 64-65, including all evidence, if any, of the licensing by any person or entity of any of the three patents asserted by ProMOS in this lawsuit, or be precluded from relying on licensing information. _________________________________ UNITED STATES DISTRICT JUDGE
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Case 1:06-cv-00788-JJF

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Filed 08/23/2007

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RULE 7.1.1. CERTIFICATION Counsel for Freescale have asked ProMOS to provide the information requested by this motion and have discussed the issue in correspondence and by teleconference. Despite the parties' efforts to resolve these issues, they were unable to reach agreement.

Dated: August 23, 2007

/s/ Mary B. Graham
Mary B. Graham (#2256)

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