Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1:07-cv-00782-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SUN MICROSYSTEMS, INC., Plaintiff, v. VERSATA ENTERPRISES, INC., VERSATA SOFTWARE, INC., VERSATA DEVELOPMENT GROUP, INC., VERSATA COMPUTER INDUSTRY SOLUTIONS, INC., VERSATA, INC., TRIOLOGY, INC., and NEXTANCE, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-782 (JJF)

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT Defendants Versata Enterprises, Inc., Versata Software, Inc., Versata

Development Group, Inc., Versata Computer Industry Solutions, Inc., Versata, Inc., Trilogy, Inc. and Nextance, Inc. (collectively, "Defendants") hereby move for a 30-day extension of time, until January 25, 2008, to respond to the Complaint in this action. The grounds for this motion are as follows: 1. Plaintiff Sun Microsystems, Inc. ("Sun") filed its Complaint on November

30, 2007 (D.I. 1) and served it on Defendants on December 3, 2007 (D.I. 5-11), making Defendants' responses due on December 26, 2007, the day after Christmas. 2. Sun does not identify any accused products in the Complaint. Instead it

alleges only that "Defendants have made, used, offered for sale and/or sold in the United States a system that infringes one or more claims" of the four, unrelated patents-in-suit. (D.I. 1 ¶¶ 6, 11, 16). Defendants have advised Sun that, in order to respond to the allegations of the Complaint, they need to know what "system" (or "systems" if they are different) is (or are) accused of

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infringement. (Ex. A).

Defendants have requested that Sun file an Amended Complaint that

identifies for each asserted patent: (1) the particular system that allegedly infringes that patent and (2) the defendant that allegedly makes, uses, offers for sale, or sells that system. (Id.) To date, Sun has not responded to that request. 3. Defendants have also requested that Sun agree to a customary 30-day

extension of time for them to answer, move or otherwise respond to the Complaint, particularly in light of the intervening holidays and the lack of information on which Defendants can base an investigation into the allegations of the Complaint. (Ex. B). 4. Sun has refused to agree that Defendants' may have a 30-day extension.

Instead, it has only offered to grant Defendants a two-week extension, subject to a number of conditions, including that Defendants answer the Complaint and agree not to delay the "current case schedule," which Defendants understand to refer to the January 11, 2008 Scheduling Conference set by the Court. (Id.). Sun did so even though Trilogy extended the similar courtesy to Sun in a pending earlier-filed action against Sun in Texas. 5. As Defendants advised Sun, Defendants have no intention to delay the

case and intend to participate in the January 11, 2008 conference. They have further offered to meet and confer about a case schedule once Sun identifies the "system" accused of infringement and provides its proposed case schedule. (Id.). Defendants are not in a position, however, to respond to the Complaint or to discuss a schedule without knowing what is accused of infringement. 6. Defendants certify pursuant to D. Del. LR 7.1.1 that they have made

reasonable efforts to reach agreement with Sun on the matters set forth in this motion, but have not been able to reach agreement thereon.

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WHEREFORE, Defendants respectfully request that the Court enter an Order granting Defendants a 30-day extension, until January 25, 2008, to answer, move or otherwise respond to the Complaint. MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Karen Jacobs Louden
___________________________________ Jack B. Blumenfeld (#1014) Karen Jacobs Louden (#2881) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 Attorneys for defendants

OF COUNSEL: Peter J. Ayers MCKOOL SMITH 300 West 6th Street, Ste. 1700 Austin, TX 78701 (512) 692-8700 December 19, 2007
1343368

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SUN MICROSYSTEMS, INC., Plaintiff, v. VERSATA ENTERPRISES, INC., VERSATA SOFTWARE, INC., VERSATA DEVELOPMENT GROUP, INC., VERSATA COMPUTER INDUSTRY SOLUTIONS, INC., VERSATA, INC., TRIOLOGY, INC., and NEXTANCE, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-782 (JJF)

ORDER The Court having considered Defendants' Motion For Extension Of Time To Answer, Move, Or Otherwise Respond To The Complaint, IT IS HEREBY ORDERED this ____ day of ______, 2007 that: 1. 2. Defendants' motion is GRANTED. Defendants' time to answer, move or otherwise respond to the Complaint

is hereby extended through and including January 25, 2008.

__________________________________________ Farnan, J.
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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on December 19, 2007, I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Paul J. Lockwood Michael A. Barlow I also certify that copies were caused to be served on December 19, 2007 upon the following in the manner indicated: BY E-MAIL AND HAND Paul J. Lockwood Michael A. Barlow Skadden, Arps, Slate, Meagher & Flom LLP One Rodney Square P.O. Box 636 Wilmington, DE 19899 BY E-MAIL Jeffrey G. Randall David W. Hansen Skadden, Arps, Slate, Meagher & Flom LLP 525 Universtiy Ave., Ste. 1100 Palo Alto, CA 94301

/s/ Karen Jacobs Louden
_________________________ Karen Jacobs Louden [email protected]

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