Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00357-GIVIS Document 51 Filed 04/06/2005 Page 1 of 2
Boucn-IARD MARGULES 8. FRIEDLANDER
A PROFESSIONAL CORPORATION
SUITE I 400
2 2 2 DELAWARE AVENUE
WILMINGTON, DELAWARE I 980 I
moz) 573-3500
FAX 573-as-son
ANDRE G. BOUCHARD .JoANNEOI3§SI;LNcKNEY
$$35.; Z?'i2°k$;3iS$ Apri16,2005 ·<~=E~ L. PASCALE
doo-In M. SEAMAN
D0Mn~uc»< T. GA1·rus0
By E-Filing
The Honorable Gregory M. Sleet
United States District Court
for the District of Delaware
844 N. King Street
Wilmington, DE 19801
Re: Intermec IP Corp. v. Matrics, Inc., C.A. No. 04-357-GMS
Dear Judge Sleet:
On January 25, 2005, Matrics, Inc. filed a Motion to Dismiss in Part Pursuant to Rule
l2(b)(6), or in the Alternative, to Substitute Symbol Technologies, Inc. as a Party Defendant
Under Rule 25(c). (D.I. 31). By letter to the Court dated March 15, 2005, Intermec withdrew its
previously stated opposition to the substitution of Symbol as the defendant in this case and
consented to the filing of an amended answer by Symbol. (D.I. 47) (copy attached). In
accordance with Intermec’s March 15 letter, Symbol is filing today an Amended Answer and
Counterclaims pursuant to Fed. R. Civ. P. 15(a).
Given that Intermec has now consented to the substitution of Symbol for Matrics, we
believe that an Order should be entered to reflect the substitution and to require that all future
filings in this action be made utilizing a new caption. In view of the fact that the Rule 12(b)(6)
aspect of Symbol’s January 25, 2005 motion became moot when Intermec consented to the
substitution of Symbol, we attempted to work out with Intermec the terms of a revised Order to
reflect the granting of Symbol’s motion, but we were unable to do so. We respectfully request,
therefore, that an Order in the form submitted herewith be entered at this time to Court to reflect
the substitution of Symbol for Matrics and to require that all future filings in this action be made
utilizing a new caption.
If Your Honor has any questions concerning this matter, we are available at the Court’s
convenience.
Respectfully submitted,

,.*(¢?/:4/12 M , (
Karen L. Pascale
I.D. No. 2903
[[email protected]]

Case 1 :04-cv—00357-GIVIS Document 51 Filed 04/06/2005 Page 2 of 2
The Honorable Gregory M. Sleet
April 6, 2005
Page 2
Attachments: 1. Copy of D.I. 47
2. Proposed form of Order
cc: Jack B. Blumenfeld, Esquire (by hand) (with attachments)
Frederick A. Lorig, Esquire (pdf copy by e-mail) (with attachments)
Eric J. Lobenfeld, Esquire (pdf copy by e—mail) (with attachments)

Case 1:04-cv-00357-GMS

Document 51

Filed 04/06/2005

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Case 1:04-cv-00357-GMS

Document 51

Filed 04/06/2005

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