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

Case 1:04-cv-01231-SLR

Document 39

Filed 03/25/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

__________________________________________ VERSUS TECHNOLOGY, INC., ) ) Plaintiffs, ) ) v. ) Civil Action No. 04-1231 (SLR) ) RADIANSE, INC., ) ) Defendant. ) __________________________________________)

PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Pursuant to Rule 15, Federal Rules of Civil Procedure, plaintiff Versus Technology, Inc. ("Versus") hereby moves to amend its initial and only Complaint in this matter (D.I. 1) to add FreshLoc Technologies, Inc. ("FreshLoc") as an involuntary plaintiff. Freshloc, is the owner of two of the four patents in suit. Versus, as the exclusive licensee of the two patents in suit owned by Freshloc, is entitled to add Freshloc as an involuntary plaintiff. Independent Wireless Telegraph Co. v. Radio Corporation of America, 269 U.S. 459, 469 (1926). ("If the owner of a patent, being within the jurisdiction, refuses or is unable to join an exclusive licensee as coplaintiff, the licensee may make him a party defendant by process, and he will be lined up by the court in the party character which he should assume."); Brunswick Corp. v. U.S., 22 Cl.Ct. 278, 288 (Cl.Ct.1991) (citing Independent Wireless) ("where a patent owner outside the jurisdiction of the court has notice of an infringement suit brought by its exclusive licensee, but refuses to join, the patent owner should be made an involuntary plaintiff.").

Case 1:04-cv-01231-SLR

Document 39

Filed 03/25/2005

Page 2 of 3

Pursuant to Local Rule 15.1, duplicate copies of the proposed Amended Complaint are attached hereto as Exhibit 1. Pursuant to Local Rule 3.2 copies of the patents in suit are attached hereto as Exhibits A-D to the Amended Complaint. Further pursuant to Local Rule 15.1, a redline version showing the changes from Versus's initial Complaint is attached hereto as Exhibit 2. Defendant, Radianse, Inc. does not oppose this motion. Respectfully submitted, CONNOLLY BOVE LODGE & HUTZ, LLP DATED: March 25, 2005 s/ James M. Lennon George Pazuniak (#478) Gerard M. O'Rourke (#3265) James M. Lennon (#4570) The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 (302) 888-6271 Attorneys for plaintiff, Versus Technology, Inc.

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Case 1:04-cv-01231-SLR

Document 39

Filed 03/25/2005

Page 3 of 3

UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE CERTIFICATE OF SERVICE I hereby certify that on March 25, 2005, I electronically filed this MOTION FOR LEAVE TO FILE AMENDED COMPLAINT with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Josy W. Ingersoll (#1088) [email protected] YOUNG CONAWAY STARGATT & TAYLOR LLP The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 (302) 571-6600 Counsel for Defendant, Radianse, Inc. I hereby certify that on March 2, 2005, I electronically mailed the documents to the following non-registered participants: Sibley P. Reppert [email protected] LAHIVE & COCKFIELD 28 State Street Boston, MA 02109-1784 (617) 227-7400 Co-Counsel for Defendant, Radianse, Inc. s/ James M. Lennon James M. Lennon (#4570) CONNOLLY BOVE LODGE & HUTZ, LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 (302) 888-6271 Attorney for plaintiff, Versus Technology, Inc.
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