Joint Appendix One

Case 2 10-cv-07678-JFW -DTB
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Document64 Filed10/07/11 Page2of9 Page lD #:1213
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT at 1:30 p.m. on November 7, 2011 or as
soon thereafter as counsel may be heard, in the courtroom of the Honorable John F.
Walter, located at 312 North Spring Street, Courtroom 16, Los Angeles, CA 90012,
Defendant NANOPTIX, INC. ("Nanoptix") will and hereby does move for an order
permitting the filing of a Motion for Leave to File Amended Answer with
Inequitable Conduct Counterclaim and Defense against Plaintiff FUTRELOGIC,
INC,, ("FutureLogic"), in the above-titled action. This Motion is made following
the conference of counsel pursuant to L.R. 7-3 which took place on September 27,
2011.
Nanoptix, by and through its counsel, submits the following Motion for
Leave to File Amended Answer with Inequitable Conduct Counterclaim and
Defense, and in support thereof, states as follows:
I. FACTUAL BACKGROUND
On December 27, 2010, Nanoptix filed its Answer and Counterclaims (Doe.
# 14) in this action. The Counterclaims alleged noninfringement by Nanoptix of
United States Patent No. 7,594,855 ("'855 Patent"), and that the '855 Patent is
invalid, ld., q[_l28-33.
On May 5, 2011, this Court issued the Case Management and Scheduling
Order (Doe. #38), setting the deadline to move to amend pleadings by May 25,
2011 in order for any amendments to be filed July 5, 2011. There is good cause for
Nanoptix, lne.'s Motion For Leave To File Amended Answer
with Inequitable Conduct Counterclaim and Defen_
-A0322-
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