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Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
`
`LEGO SYSTEM A/S,
`
`Plaintiff/Counterclaim-
`Defendant,
`
`V.
`
`CIVIL ACTION NO.
`15-CV-00823-VLB
`
`RUBICON COMMUNICATIONS, LP JURY TRIAL DEMANDED
`DBA SMALLWORKS,
`
`Defendant/Counterclaim
`Plaintiff.
`
`OCTOBER 14, 2015
`
`MOTION FOR LEAVE TO AMEND COMPLAINT
`TO ADD ADDITIONAL PARTY DEFENDANT AND TO EXTEND
`
`THE TIME FOR PLAINTIFF TO FURTHER AMEND AND JOIN PARTIES
`
`Pursuant to Rules 15(a)(2) and 20(a)(2) of the Federal Rules of
`
`Civil Procedure, Plaintiff LEGO System A/S ("Plaintiff" or "LEGO"),
`
`hereby moves to amend its Complaint to add SmallWorks, LLC as a
`
`defendant to this action
`
`for
`
`the reasons
`
`that
`
`follow.
`
`1. This lawsuit was
`
`
`
`
`
`29, filed on May 2015, against Rubicon
`
`Communications, LP DBA SmallWorks alleging infringement of the
`
`U.S. Patent Nos. 7,731,191, 8,091,892, 8,628,085, and 8,894,066 ("the
`
`Asserted Patents.")
`
`2. In its First Amended Answer, Defenses, and Counterclaims,
`
`92284205.]
`
`LEGO A/S
`Ex. 2004
`Rubicon Communications, LP v. LEGO A/S
`IPR2016-01187
`
`1
`
`

`

`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 2 of 5
`
`Dated September 11, 2015, Defendant asserts
`
`that Rubicon
`
`Communications, LP dba SmallWorks no longer exists and further
`
`that
`
`there
`
`are now
`
`two
`
`separate
`
`companies: Rubicon
`
`Communications, LLC and SmallWorks, LLC. (See First Amended
`
`Answer, Defenses, and Counterclaims,
`
`Dkt.
`
`#25,
`
`U 2).
`
`3.
`
`Defendant states that "Rubicon no longer engages in any
`
`of the alleged infringing activities. Rubicon also no longer does
`
`business as SmallWorks. Current manufacturing, offering for sale,
`
`and sales of the accused products are done solely by SmallWorks. . .
`
`." (Id. H 2.)
`
`4.
`
`These facts raise significant questions about the potential
`
`dissolution of the named defendant, Rubicon Communications, LP
`
`dba SmallWorks, and transfer of assets after the filing of this lawsuit.
`
`LEGO has requested documents relating to any such actions taken in
`
`response to this lawsuit, but to date has not yet received any such
`
`documents. Such documents, and follow up discovery that may need
`
`to be taken in response to information contained in them, may reveal
`
`additional claims and parties
`
`that
`
`
`
`
`
`be should joined in this action.
`
`5. Pursuant to the Court's scheduling Order,
`
`LEGO
`
`has
`
`92284205 1
`
`- 2 -
`
`

`

`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 3 of 5
`
`October 14, 2015 to file motions to join additional parties and to
`
`amend the pleadings. LEGO cannot fully assess the need to do so
`
`until it receives the information requested from Defendant regarding
`
`the formation of new entities and potential transfer of assets, and
`
`takes necessary follow up discovery, including depositions of the
`
`individuals involved
`
`in such
`
`transactions.1
`
`6. In view of the above, at
`
`this
`
`time,
`
`LEGO
`
`moves
`
`to
`
`its Complaint to add SmallWorks, LLC as a defendant in this action
`
`and (b) extend the deadline for LEGO to file motions to join parties
`
`and amend the pleadings until 60 (sixty) days after it has received full
`
`discovery on the corporate transactions referred to in Paragraph 2 of
`
`Defendant's Answer.
`
`Accompanying this motion are LEGO's Memorandum of Law
`
`and Proposed Amended Complaint.
`
`The undersigned has conferred with counsel
`
`
`
`for Defendant, who
`
`stated that Defendant consents
`
`to
`
`
`
`the requested by LEGO relief
`
`
`
`in this
`
`motion, but disagrees with the allegations made in this motion and
`
`accompanying memorandum.
`
`from James and Jamie Thompson who,
`1 This includes discovery
`according to Defendant's
`Interrogatory
`
`Responses and records, own one public
`
`or more of these entities
`and
`have
`served
`in
`managerial
`
`roles
`
`
`
`92284205 [
`
`.
`
`

`

`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 4 of 5
`
`WHEREFORE, in the interests of justice and given the absence
`
`of undue prejudice to Defendant, Plaintiff requests that this Court
`
`grant its Motion to amend the complaint to name an additional
`
`defendant, and to extend
`
`
`
`the time to further amend and
`
`join parties.
`
`Respectfully submitted,
`
`Plaintiff,
`
`LEGO SYSTEM A/S
`
`By its attorneys,
`
`(ct17316)
`
`By:
`Elizabeth A. Alquist(ct15643)
`Catherine Dugan O'Connor
`Sunita Paknikar (ct436328)
`242 Trumbull Street
`Hartford, CT 06103-1212
`Tel: (860)275-0100
`Fax: (860) 275-0343
`Email: eaalquist@daypitney.com
`cdoconnongdaypitney.com
`spaknikar@aaypitney.com
`Attorneys for Plaintiff
`
`92284205.]
`
`-4-
`
`

`

`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 5 of 5
`
`CERTIFICATION
`
`I hereby certify that on
`
`
`
`
`
`day this 14th of October, 2015 the
`
`foregoing was filed electronically and
`
`served
`
`
`
`by mail anyone
`
`on
`
`unable to accept electronic
`
`filing. Notice of this filing will be
`
`sent
`
`by
`
`
`
`e-mail to all parties by operation of the Court's electronic
`
`filing
`
`system. Parties may access
`
`this
`
`filing
`
`through
`
`the
`
`Court's
`
`CM/ECF
`
`system.
`
`Catherine Dugan O'Connor
`(ct17316)
`
`92284205.
`
`-5-
`
`

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