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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`HUMANEYES TECHS., LTD.,
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`C.A. No. 12-398-GMS
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`JURY TRIAL DEMANDED
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`)
`)
`)
`)
`)
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`SONY CORP., SONY CORP. OF AMERICA,
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`SONY ELECS., INC., SONY MOBILE
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`COMMS. AB, SONY MOBILE COMMS.
`)
`(USA), INC.,
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`)
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`Plaintiff,
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`v.
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`Defendants.
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`HUMANEYES TECHNOLOGIES, LTD.’S RESPONSE TO SONY’S PARTIAL
`MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
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`Plaintiff HumanEyes Technologies, Ltd. (“HumanEyes”) states that, pursuant to Fed. R.
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`Civ. P. 15(a)(1)(B), HumanEyes will file its First Amended Complaint contemporaneously
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`herewith. Rule 15(a)(1)(B) permits a party to amend its pleading once by right within “21 days
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`after service of a motion under Rule 12(b),” the provision under which Defendants filed their
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`motion. Without conceding any deficiency in its original complaint, and in the interest of
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`compromise and expediting this matter, HumanEyes’ First Amended Complaint provides
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`additional detail in connection with its allegations regarding Defendants’ contributory
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`infringement. As such, Sony’s motion, which concerned itself with the contributory
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`infringement allegations made in the original complaint, is now moot.
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`{00724673;v1 }
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`Case 1:12-cv-00398-GMS Document 26 Filed 02/21/13 Page 2 of 2 PageID #: 300
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`ASHBY & GEDDES
`
`/s/ Andrew C. Mayo
`_________________________________
`Steven J. Balick (I.D. #2114)
`Tiffany Geyer Lydon (I.D. #3950)
`Andrew C. Mayo (I.D. #5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, Delaware 19899
`(302) 654-1888
`sbalick@ashby-geddes.com
`tlydon@ashby-geddes.com
`amayo@ashby-geddes.com
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`Attorneys for Plaintiff
`
`
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`Of Counsel:
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`Matthew D. Powers (Pro Hac Vice)
`Steven S. Cherensky (Pro Hac Vice)
`Paul T. Ehrlich (Pro Hac Vice)
`Stefani C. Smith (Pro Hac Vice)
`Robert L. Gerrity (Pro Hac Vice)
`TENSEGRITY LAW GROUP LLP
`555 Twin Dolphin Drive, Suite 360
`Redwood Shores, CA 94065
`(650) 802-6000
`matthew.powers@tensegritylawgroup.com
`steven.cherensky@tensegritylawgroup.com
`paul.ehrlich@tensegritylawgroup.com
`stefani.smith@tensegritylawgroup.com
`robert.gerrity@tensegritylawgroup.com
`
`Dated: February 21, 2013
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`{00724673;v1 }
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`2
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