Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1:07-cv-00104-MPT

Document 60

Filed 08/25/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION and ) PARKER INTANGIBLES, LLC, ) ) Plaintiffs, ) ) v. ) ) SEIREN CO., LTD., ) ) Defendant. )

C.A. No. 07-104 (MPT)

MOTION OF DEFENDANT, SERIEN CO., LTD., FOR LEAVE TO FILE AN AMENDED ANSWER TO FIRST AMENDED COMPLAINT Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Defendant Seiren Co., Ltd ("Seiren") moves for leave to file an Amended Answer. The Amended Answer is attached hereto as Exhibit A. A "redlined" copy of the Amended Answer that indicates in what respects it differs from the Answer it amends is attached hereto as Exhibit B. The Amended Answer incorporates the same affirmative defense of inequitable conduct that was previously raised by Schlegel Corporation in its related case also brought by Plaintiffs Parker-Hannifin Corporation and Parker Intangibles, LLC (No. 07-cv-266-MPT). This motion is supported by Seiren's Opening Brief file herewith. WHEREFORE, Seiren respectfully requests that the Court grant this Motion for Leave to File an Amended Answer.

Case 1:07-cv-00104-MPT

Document 60

Filed 08/25/2008

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Julia Heaney
Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Defendant Seiren Co., Ltd.

OF COUNSEL: Scott M. Daniels Ken-Ichi Hattori Michael J. Caridi WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP 1250 Connecticut Avenue, N.W. Suite 700 Washington, DC 20036 (202) 822-1100 August 25, 2008
2459517

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Case 1:07-cv-00104-MPT

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Filed 08/25/2008

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RULE 7.1.1 CERTIFICATE Pursuant to D. Del. L.R. 7.1.1, this is to certify that counsel for Seiren have discussed the subject matter of this motion with counsel for plaintiff, who stated that they will oppose the motion.

/s/ Julia Heaney_____________
Julia Heaney (#3052)

Case 1:07-cv-00104-MPT

Document 60

Filed 08/25/2008

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CERTIFICATE OF SERVICE I hereby certify that on August 25, 2008 I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing to: Rudolf E. Hutz, Esquire Francis DiGiovanni, Esquire CONNOLLY BOVE LODGE & HUTZ LLP I further certify that I caused to be served copies of the foregoing document on August 25, 2008 upon the following in the manner indicated: BY E-MAIL Rudolf E. Hutz, Esquire Francis DiGiovanni, Esquire Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 N. Orange Street Wilmington, DE 19801

/s/ Julia Heaney
Julia Heaney (#3052)