Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00858-SLR Document 249 Filed 07/28/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
LML PATENT CORP.,
Plaintifi c.A. 04-ssa (SLR)
v.
TELECHECK SERVICES, INC.,
ELEcrR.oN1c CLEARING House, inc., FILED UNDER SEAL
§FRCEI§I§gZIFEg Defendants.
DEFENDANT NOVA INFORMATION SYSTEMS, INC.’S
MOTION FOR LEAVE TO FILE
FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES
Defendant Nova Information Systems, Inc. (hereinafter referred to as "Nova")
hereby moves to amend its Answer to add additional grounds for its existing defense of
inequitable conduct, and submits the co—filed Memorandum in support. Clean and
redlined versions of the proposed Amended Answer are attached as Exhibits A and B
hereto.
Nova brings this Motion based upon its need to supplement its existing allegations
concerning inequitable conduct, in light of recently developed information and analysis in
this complex patent case. The additional theories which underlie the proposed
amendment were recently developed in the course of discovery. As set forth in the
accompanying opening briei which has been simultaneously filed and served with this
Motion, none of the additional bases of inequitable conduct require additional discovery
or present any prejudice to Plaintiff.
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Case 1:04-cv-00858-SLR Document 249 Filed 07/28/2005 Page 2 of 2
July 28, 2005 THE BAYARD FIRM
/s/ Richard D. Kirk grk0922)
222 Delaware Avenue, 9 Floor
P.O. Box 25130
Wilmington, DE 19899
(302) 429-4208
[email protected]
Attorneys for defendant,
NOVA Information Systems, Inc.
OF COUNSEL:
Mark C. Scarsi
Vision L.Winter
(YMELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
(213) 430-6000
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