Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00858-SLR Document 247 Filed 07/27/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP.,
Plaintiff,
V- C.A. 04-858 (SLR)
TELECHECK SERVICES, INC.,
§%§%§§8§é§FH%%t5§l€5‘$XSE’ M RED/MED VERSION
INFORMATION SYSTEMS, INC.,
Defendants.
MOTION FOR LEAVE TO FILE A
SECOND AMENDED ANSWER AND AFFIRMATIVE DEFENSES
Defendant TeleCheck Services, Inc. (hereinafter referred to as "TeleCheck")
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 Second Amended Answer are attached as Exhibits A
and B hereto.
TeleCheck 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 brief, which has been simultaneously tiled and served with
this Motion, none of the additional bases of inequitable conduct require additional
discovery or present any prejudice to Plaintiff

Case 1:04-cv-00858-SLR Document 247 Filed 07/27/2005 Page 2 of 3
Dated: July 27, 2005 FISH & RIC
By:
William J. Marsden, Jr. (#2247)
Timothy Devlin (#4241)
Tara D. Elliott (#4483)
919 N. Market Street, Suite 1100
P.O. Box 1 1 14
Wilmington, DE 19801
Attomeys for Defendant
TeleCheck Services, Inc.
80026140.doc

Case 1:04-cv-00858-SLR Document 247 Filed 07/27/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2005, I electronically filed the MOTION FOR
LEAVE TO FILE A SECOND AMENDED ANSWER AND AFFH{MATIVE
DEFENSES with the Clerk of Court using CM/ECF which will send notification of such
filing(s) to the following:
Richard K. Herrmann, Esq. Attorneys for Plaintiff
Mary B. Matterer, Esq. LML Patent Corp.
Morris James Hitchens & Williams
222 Delaware Avenue, 10th Floor
Wilmington, DE 19801
Collins J. Seitz, Jr. Attorneys for Defendants
Connolly Bove Lodge & Hutz LLP Electronic Clearing House, Inc. and
The Nemours Building Xpress Check, Inc.
1007 North Orange Street
P.O. Box 2207
Wilmington, DE 19801
Richard D. Kirk, Esq. Attorney for Defendants
The Bayard Firm Nova Information Systems, Inc.
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
I hereby certify that on July 27, 2005, I have sent via electronic mail and via
United States Postal Service, the document(s) to the following non-registered
participants:
Robert Jacobs, Esq. Russell E. Levine, Esq.
Belasco Jacobs & Townsley, LLP Kirkland & Ellis LLP
Howard Hughes Center 200 E. Randolph Dr.
6100 Center Drive, Suite 630 Chicago, IL 60601
Los Angeles, CA 90045
Mark C. Scarsi, Esq.
O'Melveny & Myers LLP
400 S Hope Street
Los Angeles, CA 90071
Timothy Devlin