Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01199-SLR

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Document 488

Filed 01/12/2007

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BY ELECTRONIC FILING January 12, 2007 Chief Judge Sue L. Robinson United States District Court 844 King Street Wilmington, DE 19801 Re:

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SRI International Inc. v. Internet Security Systems, Inc., et al. USDC-D. Del. - C. A. No. 04-1199 (SLR)

Dear Judge Robinson: We write to apprise your Honor of the status of our appeal of the October 17, 2006 grant of summary judgment of invalidity in this matter. D.I. No. 471. Our briefing on appeal will commence in approximately two weeks. However, following the Court's entry of judgment on October 27, 2006 (D.I. No. 473), SRI's claims for infringement and the Defendants' counterclaims for summary judgment are technically still pending in this matter. The parties agree that finality is needed before briefing on appeal is commenced. As your Honor is aware, the parties filed a Joint Motion for Rule 54(b) Certification in this matter, along with a proposed order granting that motion, on December 19, 2006. D.I. No. 486. The parties agree that Rule 54(b) certification will provide the requisite finality and permit expeditious appellate review of invalidity issues discussed in the October 17, 2006 Memorandum Opinion. In view of impending deadlines for briefing on appeal, we respectfully ask that your Honor consider the parties' pending joint, unopposed motion. Very truly yours, /s/ Kyle Wagner Compton Kyle Wagner Compton cc: Paul S. Grewal, Esq, Theresa A. Moehlman, Esq. Holmes Hawkins, Esq. Richard L. Horwitz, Esq. Richard K. Herrmann, Esq.

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80040899.doc