Free Reply Brief - District Court of Delaware - Delaware

Case 1:O5—cv—OOO16-JJF Document 141 Filed O1/26/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOKIA CORPORATION and NOKIA INC.,
Plaintiffs,
V· C.A. N0. 05-16-JJF
INTERDIGITAL COMMUNICATIONS
CORPORATION and INTERDIGITAL
TECHNOLOGY CORPORATION,
Defendants.
PLAINTIFFS’ REPLY IN SUPPORT OF MOTION
FOR EXTENSION OF DISCOVERY DEADLINE AND
MOTION FOR LEAVE TO AMEND COMPLAINT
Defendants InterDigital Communications Corp. and InterDigital Technology
Corp. (collectively "InterDigital") do not oppose Nokia’s motion for leave to amend its
complaint (D.I. 121). Specifically, InterDigital has stated that, subject to its pending motion to
compel arbitration (D.I. 75) and request for leave to file motion for summary judgment (D.I. 86),
and reserving its right to seek dismissal of Nokia’s amended allegations, InterDigital does not
oppose Nokia’s motion to amend its complaint (D.I. 135 at 2).
Likewise, InterDigital does not oppose Plaintiffs’ motion to extend the discovery
deadline (D.I. 125), and has stated that it "will shortly file...a motion for leave to amend its
answer to add additional affirmative defenses as well as assert counterclaims for affirmative
relief against Nokia" (D.I. 136 at 1). Indeed, in light of "the current status of discovery as well
as the new claims sought to be added by Nokia," InterDigital says that the four-month extension

Case 1:05-cv-00016-JJF Document 141 Filed O1/26/2007 Page 2 of 3
that Nokia requests is not enough.] Id InterDigital requests a scheduling conference to set new
dates for a discovery extension. ld. at 2.
Nokia agrees that another scheduling conference is necessary at this point in the
case. Furthermore, because InterDigital does not oppose either of Nokia’s motions that have
been noticed for the February 2 motion day, Nokia requests that the Court remove its motions
(D.I. 121 and 125) from the February 2 calendar, and set a date for a scheduling conference.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/s/ Julia Heaney
Jack B. Blumenfeld (#1014)
Julia Heaney (#3052)
1201 N. Market Street
Wilmington, DE 19801
(302) 658-9200
Attorneys for NOKIA CORPORATION
and NOKIA INC.
OF COUNSEL:
ALSTON & BIRD LLP
Patrick Flinn
Lance Lawson
1201 West Peachtree Street
Atlanta, GA 30309
(404) 881-7000
January 26, 2007
I InterDigital can assert its new affirmative defenses and counterclaims in response to
Nokia’s amended complaint, and need not file a motion to amend. See El DuPont de
Nemours & C0. v. Millennium Chemical, 1999 WL 615164 at *4 (D. Del. 1999).
2

Case 1:05-cv-00016-JJF Document 141 Filed O1/26/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I, Julia Heaney, hereby certify that on January 26, 2007 I electronically tiled the
foregoing with the Clerk of the Court using CM/ECF, which will send notification of such
filing(s) to the following:
Richard L. Horwitz
Potter Anderson & Corroon LLP
I also certify that copies were caused to be served on January 26, 2007 upon the
following in the manner indicated:
BY HAND AND E-MAIL
Richard L. Horwitz
Potter Anderson & Corroon LLP
1313 N. Market Street
Wilmington, DE 19801
rhorvvitz(@,potteranderson.com
BY E-MAIL
Dan D. Davison
Fulbright & J aworski LLP
2200 Ross Avenue
Suite 2800
Dallas, TX 75201-2784
[email protected]
/s/ Julia Heaney
Julia Heaney (#3052)