Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1 :04-cv-01264-SLR Document 162 Filed 07/18/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BTG INTERNATIONAL INC., )
)
Plaintiff} )
)
v. ) C.A. No. 04-1264-SLR
)
AMAZON.COM, INC., AMAZON )
SERVICES, INC., NETFLIX, INC., )
BARNESANDNOBLE.COM, INC., )
BARNESANDNOBLE.COM LLC, and )
OVERSTOCK.COM, INC. )
)
Defendants. )
MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
JOINING TUCOWS INC. AND INFONAUTICS CORPORATION AS PLAINTIFFS
Pursuant to this Court’s Order dated July 6, 2005 (the "Order"), plaintiff BTG
International Inc. ("BTG") hereby moves for an order permitting it to file a second amended
complaint in this action for the purpose of joining Tucows Inc. ("Tucows")1 and its subsidiary,
Infonautics Corporation, as plaintiffs in this action. The grounds for this motion are as follows:
l. During a discovery status conference in this action on June l4, 2005, the Court
ordered briefing on the applicability of the common interest doctrine to the exchange of
attomey/client privileged and/or attorney work product information between Tucows and BTG.
Briefing was completed on June 28, 2005.
2. On July 6, 2005 the Court entered the Order. In the Order, the Court stated:
1 On October l0, 2002, Infonautics Corporation, a subsidiary of Tucows, and plaintiff BTG
executed a Patent Assignment and Commercialization Agreement ("PACA") which, inter alia, assigned
the patents in suit to BTG. (See D.I. 146 at Ex.A.) For ease of reference, Infonautics Corporation was
referred to as "Tucows" in the PACA. Id.

Case 1:04-cv-01264-SLR Document 162 Filed 07/18/2005 Page 2 of 3
It is my view, however, that if the termination provisions of the PACA create for
Tucows a legal interest identical to that of [BTG] in this litigation, then Tucows should
be deemed [an] indispensible party to this litigation. Therefore, on or before July 18,
2005, plaintiff must either produce the docmnents exchanged between it and Tucows, or
join Tucows to the litigation. I
Order at 1[ 5 (emphasis in original).
3. Accordingly, pursuant to the COllI'l’S direction, BTG hereby seeks leave to tile a
second amended complaint in the form attached hereto at Tab 1, joining Tucows and its
subsidiary, lnfonautics Corporation, as plaintiffs in the litigation. Pursuant to Local Rule 15.1,
an additional copy of the proposed second amended complaint is attached at Tab 2, and a
blacklined version is attached at Tab 3.
4. BTG has not been able to reach agreement with any of the defendants concerning
the relief sought in this motion.
ASHBY & GEDDES
/s/ John G. Day
Steven J. Balick (#2114)
John G. Day (#2403)
222 Delaware Avenue, 17th Floor
P.O. Box 1 150
Wilmington, Delaware 19899
Telephone: 302-654-1888
Sbalickgcgashby-geddescom
J day@ashby-geddescom
Attorneys for Plaintf BTG International Inc. and
for proposed plaintwfs Tucows Inc. and Infonautics
Corporation
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Case 1:04-cv-01264-SLR Document 162 Filed 07/18/2005 Page 3 of 3
Of Counsel .·
Ronald J. Schutz
Jake M. Holdreith
Niall A. MacLeod
Michael A. Collyard
Stephanie L. Adamany
ROBINS, KAPLAN, MILLER & CIRESI LLP
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402
Telephone: 612-349-8500
Dated: July 18, 2005
159602.1
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