Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:06-cv-00375-MBH

Document 5

Filed 06/26/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WALTER W. WEIBLER, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) No. 06-375C ) ) Judge Marion Blank Horn ) ) )

UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE ANSWER On May 8, 2006, Plaintiff filed a Complaint in the United States Court of Federal Claims. Pursuant to Rule 12(a)(1) of the Rules of the United States Court of Federal Claims ("RCFC") the current date for the United States to file its Answer is July 7, 2006. The United States hereby respectfully requests that the time for service of the United States' Answer be enlarged by sixty days (60) from July 7, 2006 to September 5, 2006. On June 19, 2006, counsel for the United States conferred with plaintiff's counsel who stated that plaintiff would not oppose the requested sixty day enlargement of time. The requested enlargement of time is required to adequately evaluate the merits of plaintiff's patent infringement claim. Plaintiff's patent has a complex procedural background, having been through both an original examination and a reexamination in the United States Patent and Trademark Office (USPTO). The United States promptly ordered a record of these proceedings, but has not yet received the files from the USPTO. A full and complete evaluation of plaintiff's claim cannot be made without these files. Furthermore, many of the relevant files

Case 1:06-cv-00375-MBH

Document 5

Filed 06/26/2006

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in this case are in the possession and control of a government contractor, United Technologies, Incorporated. These files will be necessary for preparation of the Answer. Additionally, the parties have initiated settlement discussions and additional time is required to obtain the facts required by both parties. During the requested enlargement, the number of allegedly infringing units, the sales price of those units, and the dates of each sale will be ascertained. An extension of time will allow the parties to obtain the required information and explore the opportunity of settlement without incurring further costs and attorneys fees. Based on the foregoing, the United States respectfully requests that its request for an extension of sixty days to file an Answer to plaintiff's Complaint be granted and the date for filing the Answer be set for September 5, 2006.

Respectfully Submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director /s Jon Tornquist JON TORNQUIST Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 305-0375 Facsimile: (202) 307-0345 June 26, 2006 Attorneys for Defendant, the United States

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