Ixi Mobile (R&D) Ltd. et al v. Apple, Inc.

Northern District of California, cand-4:2015-cv-03755

LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated February 24, 2015 re: Plaintiffs request for leave to file a sur-reply in connection with Motion to Transfer. Document filed by Apple, Inc.

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SIMPSON THACHER & BARTLETT LLP 2475 HANOVER STREET PALO ALTO, CA 94304 (650) 251-5000 FACSIMILE (650) 251-5002 DIRECT DIAL NUMBER E-MAIL ADDRESS (650) 251-5065 hfrahn@stblaw.com VIA ECF AND EMAIL (sullivannysdchambers@nysd.uscourts.gov) February 24, 2015 Re: IXI Mobile (R&D) Ltd. and IXI IP, LLC v. Apple Inc., 14-cv-7954 (RJS) Honorable Richard J. Sullivan United States District Judge Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Dear Judge Sullivan: I write on behalf of Apple Inc. ("Apple") in response to IXI's request for leave to file a sur-reply. The Court should deny IXI's request. A sur-reply is unnecessary, because if Apple is right that IXI Mobile lacks standing, then (as Apple noted in its brief) IXI Mobile's concerns come in as part of the third-party analysis. And IXI Mobile has both set forth the factual basis for its concerns and also argued the law regarding third parties. The sur-reply is also unjustified. While IXI complains that standing was raised on reply, it fails to inform the Court of the reason why. It was not until the day after IXI's opposition and in response to a request from Apple (after the license was referenced in the Declaration of Zion Hadad, Dkt. 33) that IXI produced the license. Should the Court grant IXI's request, Apple respectfully requests that IXI be required to provide the Court with the license, and that Apple be allowed to respond to any new facts, evidence, or arguments introduced in the sur-reply. Respectfully submitted, /s/ Harrison J. Frahn IV Harrison J. Frahn IV BEIJING HONG KONG HOUSTON LONDON LOS ANGELES NEW YORK S ÃO P A U L O SEOUL TOKYO WASHINGTON, D.C. SIMPSON THACHER & BARTLETT LLP Honorable Richard J. Sullivan -2- February 24, 2015 cc: Thomas Steven Biemer, Esq. Gregory A. Blue, Esq. Joshua D. Wolson, Esq. John J. Higson, Esq. Marshall Beil, Esq. Jason W. Cook, Esq. Brian C. Riopelle, Esq. Derek H. Swanson, Esq. Gregory S. Arovas, Esq. Todd M. Friedman, Esq. James E. Marina, Esq. David Rokach, Esq.