IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC., )
)
Plaintiff )
v. )
) CIVIL ACTION NO. 07-782-JJF
VERSATA ENTERPRISES, INC., )
VERSATA SOFTWARE, INC., )
VERSATA DEVELOPMENT GROUP, INC., )
VERSATA COMPUTER INDUSTRY )
SOLUTIONS, INC., VERSATA, INC., )
TRILOGY, INC., and NEXTANCE, INC., )
)
Defendants. )
I
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION
FOR EXTENSION OF TIME TO ANSWER, MOVE
OR OTHERWISE RESPOND TO THE COMPLAINT
Plaintiff, Sun Microsystems, Inc. ("Sunâ€), submits this opposition to Defendants’
motion to extend the time to answer, move or otherwise respond to the Complaint. (D.I.
17.) For the reasons set forth herein, Defendants’ motion should be denied.
1. Defend:-1nts’ motion is unnecessary. As shown by Exhibit B to
Defendants’ motion, Sun told Defendants’ counsel that Sun would agree to a two-week
courtesy extension to Defendants’ time to answer Sun’s Complaint. Sun was not willing,
however, to agree to an extension that was intended to delay the schedule in this case.
2. In connection with the parties’ discussions concerning extending the time
for Defendants’ answer, Sun requested that Defendants’ counsel agree to conduct a Rule
26(D meet and confer during the week of December 17, 2007. Based on the Court’s
December 13, 2007 Order scheduling the Rule I6 Conference in this case for January 11,
2008, the parties are required to hold the meet and confer by December 21, 2007.
Case 1:07-cv-00782-JJF Document 18 Filed 12/20/2007 Page 2 of 4
3. Defendants’ counsel argue they are unable to answer the Complaint unless
Sun specifically identifies the infringing products. They also argue that such
identification is a necessary prerequisite to the Rule 26 meet and confer. Sun’s
Complaint, however, is proper and the authority relied upon by Defendants does not hold
otherwise. Moreover, the identification sought by Defendants is not necessary for the
parties to meet and confer concerning a case management schedule, and Defendants’
conduct suggests that Defendants are interested in using any excuse to delay proceedings
in this case.
4. Defendants state that Sun’s conduct is improper since a 30 day extension
to answer a Complaint is "customary" and Defendants provided Sun with such an
extension in connection with the Texas case in which certain of the Defendants sued Sun.
The time for responding to a Complaint is specified in the Federal Rules of Civil
Procedure and Sun is not aware of any "custom†that extends this deadline. Moreover,
Sun did not seek or obtain an extension to its answer date in the Texas lawsuit and
Defendants’ statement to the contrary is incorrect. Rather, Sun served its answer within
the time provided for by the Federal Rules of Civil Procedure.
5. As noted, Sun was nonetheless willing to allow Defendants an additional
two weeks to answer the Complaint, which should be more than adequate. In fact,
Defendants likely could have answered Sun’s six-page Complaint in less time than was
required to seek the present extension. Defendants’ motion should therefore be denied.
2
Case 1:07-cv-00782-JJF Document 18 Filed 12/20/2007 Page 3 of 4
DATED: December 20, 2007 Respectfully submitted,
/s/ Michael A. Bar/ow
Paul J. Lockwood (Del. l.D. No. 3369)
Michael A. Barlow (Del. LD. No. 3928)
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
One Rodney Square
P.O. Box 636
Wilmington, Delaware 19899
Tel: (302) 651-3000
Fax: (302) 651-3001
E—mail:[email protected]
mbarlow@sl
Sun Microsystems, lnc.
OF COUNSEL:
Jeffery G. Randall
David W. Hansen
SKADDEN, ARPS, SLATE, MEAGHER
& FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, California 94301
Tel: (650) 470-4500
_ Fax: (650) 470-4750
3
Case 1:07-cv-00782-JJF Document 18 Filed 12/20/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Michael A. Barlow, hereby certify that on December 20, 2007, I electronically
filed the foregoing with the Clerk of the Court using CM/ECF, which will send
notification of such tiling to the following:
Karen Jacobs Louden [email protected]
I also certify that copies were caused to be served on December 20, 2007 upon
the following inthe manner indicated:
BY E-MAIL AND HAND DELIVERY BY E-MAIL
Jack B. Blumenfeld Peter J . Ayers
Karen Jacobs Louden McKool Smith
Morris, Nichols, Arsht & Tunnell LLP 300 West 6th Street, Suite 1700
1201 North Market Street Austin, Texas 78701
P.O. Box 1347 (502) 692-8700
Wilmington, Delaware 19899 [email protected]
(302) 658-9200
[email protected]
[email protected]
/s/ Michael A. Barlow
Michael A. Barlow
4
Case 1:07-cv-00782-JJF
Document 18
Filed 12/20/2007
Page 1 of 4
Case 1:07-cv-00782-JJF
Document 18
Filed 12/20/2007
Page 2 of 4
Case 1:07-cv-00782-JJF
Document 18
Filed 12/20/2007
Page 3 of 4
Case 1:07-cv-00782-JJF
Document 18
Filed 12/20/2007
Page 4 of 4
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms