Case 2:15-cv-02340-MWF-PLA Document 41 Filed 02/01/16 Page 1 of 3 Page ID #:5213
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`Danna J. Cotman, Esq. (SB# 188245)
`danna@arciplaw.com
`Ariel J. Sabban, Esq. (SB# 189414)
`ariel@arciplaw.com
`ARC IP Law, PC
`7744 Herschel Avenue
`La Jolla, CA 92037
`Telephone: (858) 729-0800
`Telecopier: (858) 777-5425
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`Attorneys for Defendant Legend3D, Inc.
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`PRIME FOCUS CREATIVE
`Case No.: 2:15-CV-2340
`SERVICES CANADA, INC.,
`Judge: Hon. Michael W. Fitzgerald
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`NOTICE OF MOTION AND
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`Plaintiff,
`MOTION TO STRIKE
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`vs.
`[FRCP RULE 12]
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`Time: 10:00 a.m.
`Date: February 29, 2016
`Dept.: 1600-16TH Floor
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`LEGEND3D, INC.,
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`Defendants.
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`This motion is made following the conference of counsel pursuant to L.R.
`7-3 which took place on January 25, 2016. (This conference was initiated by the
`moving party via letter dated January 22, 2016.)
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE THAT on February 29, 2016, at 10:00 a.m., or as
`soon thereafter as the matter may be heard in the above-entitled court, located at
`312 North Spring Street, Los Angeles, California 90012, in Courtroom 1600-16th
`Floor, Defendant LEGEND3D, INC. (“Legend3D”) will move this Court, pursuant
`to Federal Rules of Civil Procedure (“FRCP”), Rule 12, and other applicable law,
`to strike portions of paragraph 19 of the first amended complaint (“FAC”) as
`follows:
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`NOTICE OF MOTION AND MOTION TO STRIKE
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`Case No. 2:15-CV-2340
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`Legend3D, Inc.
`Exhibit 1020-0001
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`Case 2:15-cv-02340-MWF-PLA Document 41 Filed 02/01/16 Page 2 of 3 Page ID #:5214
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`19. … On information and belief, Legend3D assigns each pixel both a
`horizontal and vertical vector (although any orthogonal basis may be
`employed), which is stored in the “U” (horizontal) and “V” (vertical)
`channels associated with each pixel. On information and belief, Legend3D
`alternatively assigns only a single vector to each pixel, since pixel
`displacement is typically confined to the horizontal direction, and therefore
`only a vector with at least a horizontal component is assigned to each pixel
`of the selected portion of the working image.
`After striking the lined through portions, paragraph 19 would then read as:
`19. … On information and belief, Legend3D assigns each pixel a vertical
`vector, which is stored in the “V” (vertical) channel associated with each
`pixel.
`This Motion is brought on the grounds that:
`1.
`The foregoing allegations are both “immaterial” and “impertinent”
`based on prosecution history estoppel and judicial estoppel, are prejudicial to
`Legend3D, and striking the same will reduce the complexity and confusion of the
`case by dispensing with distractions.
`This Motion will be based upon this Notice; the accompanying
`Memorandum of Points and Authorities with exhibits in support thereof; the
`accompanying Request for Judicial Notice in support hereof; any and all
`documents or other evidence filed in Reply to any opposition; the pleadings and
`entire case file in this action; the arguments of counsel at the time of the hearing;
`and such other and further matters as the Court deems just and proper.
`Dated: February 1, 2016
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`ARC IP LAW, PC
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`By:
`/s/ Danna J. Cotman
`Danna J. Cotman, Esq. (SB# 188245)
`7744 Herschel Avenue
`La Jolla, CA 92037
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`Attorneys for Defendant
`LEGEND3D, INC.
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`- 2 -
`NOTICE OF MOTION AND MOTION TO STRIKE
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`Case No. 2:15-CV-2340
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`Legend3D, Inc.
`Exhibit 1020-0002
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`Case 2:15-cv-02340-MWF-PLA Document 41 Filed 02/01/16 Page 3 of 3 Page ID #:5215
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`CERTIFICATION
`I hereby certify that on the 1st day of February 2016, I electronically filed the
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`foregoing with the Clerk of the District Court using the CM/ECF system, which
`sent notification of such filing to the following counsels of record:
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`Jonathan S. Kagan, Esq.
`Joshua Glucoft, Esq.
`Irell & Manella, LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`(Counsel for Plaintiff Prime Focus Creative
`Services Canada, Inc.)
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`/s/ Danna J. Cotman
`Danna J. Cotman, Esq.
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`NOTICE OF MOTION AND MOTION TO STRIKE
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`Legend3D, Inc.
`Exhibit 1020-0003