Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

i Case 3:03-cv-OO1€59—iAVC Document 98 Filed 07/(@1 /21004 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT ,_ _ _ _
i F OR THE DISTRICT OF CONNECTICUT F
( AHLSTROM WINIIQSOR LOCKS LLC, mul] JUL _ l A H, M. |‘
aintiffj .
I V. CASE NO. Ri; .
SCHOELLER & HOESCI-I, NA, INC., and (
P.H. GLATFELTER COMPANY, :
Defendants. : JULY 1, 2004 I
DEFENDANTS’ MOTION FOR PERMISSION TO WITHDRAW REPLY
TO PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION
FOR LEAVE TO AMEND ANSWER AND COUNTERCLAIM,
MOTION FOR PERMISSI§ FILE AMENDED REPLY
To correct an error in the "Reply to Plaintiff s Memorandum of Law in Opposition to
Defendants’ Motion for Leave to Amend Answer and Counterclaim," Defendants, P. H.
Glatfelter Company and Schoeller & Hoesch, NA, Inc. (collectively "Defendants") hereby .
request permission to withdraw that reply, and file an Amended Reply (attached hereto).
As pointed out by the Plaintiff Ahlstrom Windsor Locks LLC, in its motion for
permission to file a surreply ("Surreply Motion") on Iune 22, 2004, Defendants misstated the
basis for the final decision of the European Patent Office ("EPO") in connection with an
opposition proceeding initiated against Plaintiffs European Patent Counterpart to the ‘997 Patent
at issue in this case. The unintentional misstateinent occurred due to Defendants’ counsel’s
misreading a "D2” designation in the final decision. This error resulted in the Defendants’
statement that the claims in Plaintif`f" s European Counterpart which correspond to the claims in I
the ‘997 Patent in suit were invalidated in light ofthe so-called Yadlowsky Application, when in
fact those claims were held to be unpatentable due to different prior art (namely, U.S. Pat. No.
3,616,166 to Kelley).






i Case 3:03-cv-OO16$AVC Document 98 Filed 07/O4!2004 Page 2 of 2
{ With the withdrawal of Defendant’s Reply and substitution therefor with the attached
A Amended Reply, Plaintiff’ s Motion for Surreply should be deemed moot.
WHERE]? ORE the Defendants respectfully request to correct the record by withdrawing
their Reply dated June 17, 2004, and substituting the attached Amended Reply dated July 1,
2004.
Attorneys for Defendants,
Schoeller & Hoesch, NA, Inc. and
P. H. Glatfelter
Dina S. Fisher (ct 14896)
[email protected] E
Brett J. Boskiewicz (ct 25632)
[email protected]
Robinson & Cole LLP
280 Trumbull Street
Hartford, CT 06103-3597
Tel. No.: (860) 275-8200
Fax No.: (860) 275-8299
Marc J. Farrell (ct 24539)
[email protected]
BUCHANAN Inoaizsorr PC
213 Market Street, 3rd Floor
Harrisburg, PA 17101-2121
Tel. No.: (717) 237-4820
Fax No.: (717) 233-0852
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