Phoenix Technologies Ltd. v. VMware, Inc.

Northern District of California, cand-4:2015-cv-01414

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{44}} STIPULATED MOTION TO AMEND ITS ANSWER TO PHOENIX TECHNOLOGIES LTD.'S COMPLAINT.

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1 MICHAEL A. JACOBS (CA SBN 111664) MJacobs@mofo.com 2 ARTURO J. GONZÁLEZ (CA SBN 121490) AGonzalez@mofo.com 3 ALEXANDRIA A. AMEZCUA (CA SBN 247507) AAmezcua@mofo.com 4 MORRISON & FOERSTER LLP 425 Market Street 5 San Francisco, CA 94105-2482 Telephone: 415.268.7000 6 Facsimile: 415.268.7522 7 Attorneys for Defendant/Counterclaimant VMWARE, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 PHOENIX TECHNOLOGIES LTD., a Case No. 3:15-cv-01414-HSG Delaware corporation 14 VMWARE, INC.'S STIPULATED Plaintiff, MOTION TO AMEND ITS ANSWER 15 TO PHOENIX TECHNOLOGIES vs. LTD'S COMPLAINT, AND 16 PROPOSED ORDER VMWARE, INC., a Delaware Corporation 17 DEMAND FOR JURY TRIAL Defendant. 18 Trial Date: Not Yet Set VMWARE, INC., a Delaware Corporation 19 Defendant/Counterclaimant, 20 v. 21 PHOENIX TECHNOLOGIES LTD., a 22 Delaware corporation 23 Plaintiff/Counterdefendant. 24 25 26 27 28 STIPULATED MOTION FOR LEAVE TO AMEND ANSWER CASE NO. 3:15-cv-01414-HSG sf-3549449 1 STIPULATED MOTION FOR LEAVE TO AMEND ANSWER 2 3 Defendant VMware, Inc. ("VMware") hereby respectfully requests, pursuant to Federal 4 Rule of Civil Procedure 15, and with the assent of Plaintiff Phoenix Technologies Ltd. 5 ("Plaintiff"), that VMware be allowed to amend its Answer. VMware's Amended Answer is 6 attached herein as Exhibit A. As grounds for this request, VMware states as follows: 7 1. The parties have met and conferred and agreed that VMware would add two 8 affirmative defenses: (1) language from Paragraph 2.4 of the 2005 Amendment, and 9 10 (2) 17 U.S.C. Section 117; 11 2. This is the first request to amend the answer, and is not being made for purposes of 12 delay or for any other improper purpose; 13 3. Plaintiff, through its counsel, has agreed to the request for leave to amend 14 VMware's answer based on the representation that the amendment will include only the revisions 15 noted above. 16 WHEREFORE, VMware requests that the Court grant its motion for leave to amend its 17 18 answer. 19 Dated: July 8, 2015 MICHAEL A. JACOBS ARTURO J. GONZÁLEZ 20 ALEXANDRIA A. AMEZCUA MORRISON & FOERSTER LLP 21 22 By: /s/ Arturo J. González 23 Arturo J. González 24 Attorneys for Defendant/Counterclaimant VMWARE, INC. 25 26 27 28 STIPULATED MOTION FOR LEAVE TO AMEND ANSWER CASE NO. 3:15-cv-01414-HSG 1 sf-3549449 1 So stipulated. 2 COOLEY LLP 3 MICHAEL G. RHODES (116127) WHITTY SOMVICHIAN (194463) 4 DREW KONING (263082) 5 By: /s/ Whitty Somvichian 6 Whitty Somvichian 7 Attorneys for Plaintiff/Counterdefendant 8 PHOENIX TECHNOLOGIES LTD 9 10 IT IS SO ORDERED. 11 July 10 2015 Dated: ________, 12 13 The Hon. Haywood S. Gilliam Jr. District Judge, United States District Court 14 for the Northern District of California 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR LEAVE TO AMEND ANSWER CASE NO. 3:15-cv-01414-HSG 2 sf-3549449 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Arturo J. González, am the ECF User whose ID and password are being used to file this 3 Declaration. In compliance with Civil L.R. 5-1(i)(3) and General Order No. 45, § X.B., I hereby 4 attest that Whitty Somvichian has concurred in this filing. 5 Dated: July 8, 2015 /s/ Arturo J. González 6 Arturo J. González 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR LEAVE TO AMEND ANSWER CASE NO. 3:15-cv-01414-HSG 3 sf-3549449