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Case 1 :07-cv-00444—GI\/IS Document 28 Filed 10/30/2007 Page 1 of 2
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October 30, 2007
BY E-FILE
The Honorable Mary Pat Thynge
Magistrate Judge
United States District Court
844 N. King Street
Wilmington, DE 19801
Re: Acuity Brands, Inc. and Acuity Brands Lighting, Inc. v.
Cooper Industries, Inc. and Cooper Lighting, inc.
D. Dei., CA. No. 07-444-—***
Dear Magistrate Iudge Thynge:
I am writing to make Your Honor aware of significant developments affecting
dei`endants’ pending §l404 motion to transfer venue to the Northern District of Georgia (D1.
l 1).
On October 26, 2007, plaintiffs tiled a motion for leave to amend their complaint
(D1. 27), which defendants do not oppose. The proposed amendment includes two changes that
are important to defendants’ transfer motion:
First, plaintiffs seek to drop Cooper Industries, Inc. ("Cooper Industrie?) as a
defendant in this case. See D1. 27 at Exh. 2, {[3. Cooper Industries, which is based in Houston,
is a nan1e·-holder oniy, and therefore had no place being named as a defendant here. Now that
Cooper Industries is being dropped, the only remaining defendant is Cooper Lighting, inc.,
which is headquartered in the Atlanta area.
Second, plaintiffs now seek to amend their allegation as to the owner of the
patents-in—suit. See D.I. 27 at Exh. 2, ‘ll1l3, 8-16. Though these patents were previously alleged
to be owned by a Delaware corporation (Acuity Brands, Inc.), they are now alleged to be owned
by a Georgia limited liability company located in the Atlanta area (ABL IP Holding LLC).

Case 1 :07-cv-00444—GI\/IS Document 28 Filed 10/30/2007 Page 2 of 2
The Honorable Mary Pat Thynge ‘
October 30, 2007 l
Page 2
Thus, plaintift`s’ amended complaint further strengthens the case for a §l404 i
transfer. Not only is every party named in this case headquartered in or around Atlanta, but also .
the entity that actually owns the patents—in~st:it is organized under Georgia law and has no
Delaware connection whatsoever.
We appreciate the Courtfs attention to the above, and respectfully submit that
these amendments to the complaint make the case for a transfer to Georgia even more
compelling.
Respectiiiliy,
Philip A. Rovner
rovner otterandersoncom
PAR/mes/828470 l
cc: Rodger D. Smith, II, Esq. — by hand delivery and E—mail