Free Letter - District Court of Delaware - Delaware

- Case 1:05-cv-00016-JJF Document 133 Filed O1/16/2007 Page 1 of 1 .
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AH(ltE;’:YSt}I1 Richard L. nerwra E
COITOOH LLP Ea“i*"’
ttorney at Law
l3l3 North Market Street [email protected]
PD. Box 951 302 984—6027 Direct Phone
Wilmington, DE 19899-095} 302 658-1192 Fax
302 984-6000
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January 16, 2007
( VIA ELECTRONIC FILING r
The Honorable Joseph J. Farnan, Jr.
United States District Court
for the District of Delaware
844 King Street
Wilmington, Delaware 19801
Re: Nokia Corporation and Nokia Inc. v. InterDigital Communications, et al.
C. A. No. 05—16 QJJFL
Dear Judge Faman:
I am writing on behalf of defendants InterDigital Communication Corporation and
lnterDigital Technology Corporation (collectively "lnterDigital”) to respectfully request that
the Court entertain argument on InterDigital’s Motion to Compel Arbitration and Stay
Litigation Pending Completion of Arbitration (DJ. 75) and its Motion for Leave to File Motion
for Summary Judgment (DI. 86) on February 2, 2007 when the Court will hear argument on
Plaintiffs’ motions for leave to amend (D.l. 121) and an extension of time to complete
discovery (Bl. l25). InterDigital’s motions were filed prior to Your Honor’s December 15, ·
2006 Order establishing new nomdispositive motion procedures; the motions are fully briefed;
and resolution of the motions undoubtedly would affect the Court’s determinations on Nokia’s
motions. For example, if the Court stays the litigation pending completion of arbitration, or, for
that matter, grants the request to file a summary judgment motion, as suggested by InterDigital,
Nol other side’s prior filed, pending, and briefed motions now, respectfully, would serve only to
create further issues for the Court later.
Counsel are mindful ofthe difficulties in phasingdn new procedures, and respectfully
submit that the relief requested herein would serve only to streamline this litigation and
conserve the judicial resources of the Court. As always, counsel are available at the Court’s
convenience if Your Honor has any questions.
Respectfully,
/s/ Richard L. Horwitz
Richard L. Horwitz
7*12027/msb
cc: Clerk of the Court (via hand delivery)
Counsel of Record (via e—Eling and electronic mail)