Free Order on Motion for Leave to File - District Court of Delaware - Delaware

Case 1:05-cv-00016-JJF Document 178 Filed 03/22/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOKIA CORPORATION and NOKIA, :
INC. , :
Plaintiffs, ;
v. ; Civil Action No. 05-16-JJF
INTERDIGITAL COMMUNICATIONS ;
CORPORATION and INTERDIGITAL :
TECHNOLOGY CORPORATION, :
Defendants. Z
QEEB
WHEREAS, Defendants Interdigital Communications Corporation
and Interdigital Technology Corporation have filed a Motion for
Leave Of Court To File Motion For Summary Judgment (D.I. 86);
WHEREAS, by its Motion Defendants’ contend that, pursuant to
Special Master Seitz’s First Discovery Order of June 12, 2006
(D.I. 55), Plaintiffs Nokia Corporation and Nokia, Inc. were
required to provide an exhaustive list of statements supporting
Plaintiffs’ Lanham Act claim, and that, as a matter of law, none
of those statements are actionable under the Lanham Act;
WHEREAS, on November I4, 2006, Special Master Seitz
determined that Plaintiffs provided a list of statements in ?
compliance with the First Discovery Order, “to the extent of i
[their] present knowledge,” and without the benefit of complete 2
discovery from Defendants (D.I. 71 at 3); l
WHEREAS, the Court concludes that, because Plaintiffs have
not had the benefit of complete discovery from Defendants, ~

Case 1:05-cv-OOO16—JJF Document 178 Filed O3/22/2007 Page 2 of 2
Plaintiffs cannot be limited to the current list of statements
provided pursuant to the First Discovery Order, but must be given
the opportunity to rely on other statements that may be uncovered
during discovery;
WHEREAS, Defendants' Motion For Leave To File Motion For
Summary Judgment is, therefore, premature;
NOW THEREFORE IT IS HEREBY ORDERED that the Motion For Leave
To File Motion For Summary Judgment filed by Defendants
Interdigital Communications Corporation and Interdigital
Technology Corporation is DENIED.
March 22, 2007 Qkngq % _
DATE UN ED TATE DISTRICT JUDG