Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00519-JJF Document 56 Filed 07/17/2008 Page 1 of 1
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Andfjfggn Richard L. Horwitz
Canaan i-LP Attoriiley it raw
l3l3 North Market Street [email protected]
p P.O. Box 951 302 984-6027 Direct Phone
Wilmington, DE l9899-0951 302 658-1192 Fax
302 984-6000
_ www.potterandersoi1.com
July l7, 2008
VIA ELECTRONIC FILING
The Honorable Joseph J. Parnan, Jr.
United States District Court
844 North King Street
A Wilmington, DE 19801
Re: Symbol Technologies, Inc., et al v. Aruba Networks, Inc.
C.A. No. 07-5l9··JJF
Dcar Judge Parnan: ·
We write on-behalf of Plaintiffs in the above—referenced matter, and in response to the
July l6, 2008 letter to the Court from Frederick L. Cottrell, lll, counsel for defendant Aruba
J Networks, lnc. ("Aruba"). Last night, Aruba filed a Motion to Amend the Answer and
Counterclaim in this action; Mr. Cottrel1’s letter asked that the Court expedite a hearing on that
motion, which is currently scheduled for September l2, pursuant to Your Honors Motion Day
Schedule. Without expedited treatment, pursuant to the Local Rules, and as confirmed in a
docket item entered this morning, Plaintiffs’ opposition papers are due on August 4, 2008.
In those opposition papers, Plaintiffs intend to explain fully why the Motion to Amend
1 should be denied. Suffice to say in this letter, that while Aruba has styled it a Motion to Amend,
_ it is in fact no such thing. Rather, Aruba seeks to inject into this existing lawsuit (which
concerns Plaintit`fs’ patents), infringement claizns on two of Aruba’s completely separate and
unrelated patents, which have never been part of this case and which were never even identified
to Plaintiffs by Aruba. In other words, Aruba does not seek to amend this case at all but to
commence a brand new patent infringement case on two of its own patents, and inject those
brand new claims into the existing case which has already been pending for almost a year.
Plaintiffs respectfully submit that there is no reason for expedited hearing on Aru`oa’s motion.
Respectfully submitted,
/s/’ Richard L. Horwitz
Richard L. Horwitz
J RLH/msb
l 874726 1 32106
cc: Clerk of the Court (via hand delivery)
All Counsel of Record (via electronic mail)

Case 1:07-cv-00519-JJF

Document 56

Filed 07/17/2008

Page 1 of 1