Xpoint Technologies Inc. v. Cypress Semiconductor Corporation et alMOTION to Substitute Party: Sprint Spectrum, LP and Nextel Operations, Inc. to replace Sprint Nextel Corporation -D. Del.December 2, 2009IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE XPOINT TECHNOLOGIES, INC., Plaintiff, v. MICROSOFT CORPORATION, et al. Defendants. Civil Action No. 09-628-SLR PLAINTIFF’S UNOPPOSED MOTION TO SUBSTITUTE DEFENDANTS Plaintiff Xpoint Technologies, Inc. (“Plaintiff”) makes this motion seeking the substitution of SPRINT SPECTRUM, LP and NEXTEL OPERATIONS, INC. as Defendants in place of Defendant SPRINT NEXTEL CORPORATION (“Sprint Nextel”). 1. Plaintiff filed this action for infringement of U.S. Patent No. 5,913,028 (‘028 Patent) against SPRINT NEXTEL CORPORATION on August 21, 2009. Plaintiff amended its Complaint on September 18, 2009 to add additional Defendants. 2. Since that time, in-house counsel for SPRINT NEXTEL contacted counsel for Plaintiff to explain its position that SPRINT NEXTEL is merely a holding company that does not actually make or distribute any products that Plaintiff would accuse of infringing the ‘028 patent. 3. Accordingly, counsel for Plaintiff and counsel for SPRINT NEXTEL have agreed that SPRINT SPECTRUM, LP (a limited partnership organized under the laws of the State of Delaware) and NEXTEL OPERATIONS, INC. (a corporation organized under the laws of the State of Delaware) are the proper parties to this litigation and should be substituted for SPRINT NEXTEL as defendants in the above-captioned matter so that all claims made against SPRINT NEXTEL are now made against SPRINT SPECTRUM, LP and NEXTEL OPERATIONS, INC. 1 Case 1:09-cv-00628-SLR Document 100 Filed 12/02/09 Page 1 of 2 Xpoint Technologies Inc. v. Microsoft Corporation et al Doc. 100 Dockets.Justia.com 4. No prejudice results from substitution of these parties because none of the parties to this lawsuit have filed answers or responsive pleadings, discovery has not commenced, and no scheduling or party joinder orders are in place. Dated: December 2, 2009 BOUCHARD MARGULES & FRIEDLANDER, P.A. /s/ Sean M. Brennecke David J. Margules (#2254) Sean M. Brennecke (#4686) 222 Delaware Ave., Suite 1400 Wilmington, DE 19801 (302) 573-3500 dmargules@bmf-law.com sbrennecke@bmf-law.com Attorneys for Plaintiff Xpoint Technologies, Inc. 2 Case 1:09-cv-00628-SLR Document 100 Filed 12/02/09 Page 2 of 2
