ScanSoft, Inc. v. Art Advancec Recognition Technologies, Inc.

MOTION for Attorney Fees Pursuant to Rule 56

D. Mass.September 13, 2004

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) SCANSOFT, INC. ) ) Plaintiff, ) ) v. ) Civil Action No. 04-10840-PBS ) ART ADVANCED RECOGNITION ) TECHNOLOGIES, INC. ) ) Defendant. ) ) SCANSOFT, INC.’S MOTION FOR ATTORNEYS’ FEES PURSUANT TO RULE 56(g) ScanSoft, Inc. (“ScanSoft”) hereby moves for its attorneys’ fees pursuant to Fed. R. Civ. P. 56(g) for responding to the filing of an inadequate and unsworn Declaration of Eran Aharonson in Support of ART Advanced Recognition Technologies, Inc.’s (“ART”) Motion of Summary Judgment of Non-Infringement of U.S. Patent No. 6,501,966 (the”’966 patent”). This Declaration and the summary judgment motion have merely added expense and delay to this case. As grounds for this motion, ScanSoft states that rather than allow discovery to proceed in order to develop the facts with regard to the products of ART that infringe the ‘966 patent, ART hastily filed the insufficient and unsworn Declaration of ART’s former CEO in support of a premature summary judgment motion. In addition, while acknowledging that expert testimony is necessary to its case and although promising to supply it at a later date, after ScanSoft has responded [sic], ART has provided no expert testimony support whatsoever to its premature motion. A memorandum fully setting forth the deficiencies in the Declaration is submitted Case 1:04-cv-10840-PBS Document 29 Filed 09/13/2004 Page 1 of 2 -2- herewith. Accordingly, ScanSoft respectfully requests that the Court grant this motion and award ScanSoft its reasonable expenses in responding to the unsupported summary judgment motion and unsworn declaration. CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 I hereby certify that I have conferred with counsel for defendants on September 13, 2004 and have been unable to resolve the issues raised by this motion. Dated: September 13, 2004 SCANSOFT, INC. By its attorneys, /s/ Julia Huston Lee Carl Bromberg, BBO #058480 Robert M. Asher, BBO #022865 Julia Huston, BBO #562160 BROMBERG & SUNSTEIN LLP 125 Summer Street Boston, Massachusetts 02110-1618 Tel: (617) 443-9292 Fax: (617) 443-0004 jhuston@bromsun.com 02639/00550 333697.1 Case 1:04-cv-10840-PBS Document 29 Filed 09/13/2004 Page 2 of 2