`
`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
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`Pursuant to Rules 15(a)(2) and 20(a)(2) of the Federal Rules of
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`Civil Procedure, Plaintiff LEGO System A/S ("Plaintiff" or "LEGO"),
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`hereby moves to amend its Complaint to add SmallWorks, LLC as a
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`defendant to this action
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`for
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`the reasons
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`that
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`follow.
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`1. This lawsuit was
`
`
`
`
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`29, filed on May 2015, against Rubicon
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`Communications, LP DBA SmallWorks alleging infringement of the
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`U.S. Patent Nos. 7,731,191, 8,091,892, 8,628,085, and 8,894,066 ("the
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`Asserted Patents.")
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`2. In its First Amended Answer, Defenses, and Counterclaims,
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`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
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`Dated September 11, 2015, Defendant asserts
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`that Rubicon
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`Communications, LP dba SmallWorks no longer exists and further
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`that
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`there
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`are now
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`two
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`separate
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`companies: Rubicon
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`Communications, LLC and SmallWorks, LLC. (See First Amended
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`Answer, Defenses, and Counterclaims,
`
`Dkt.
`
`#25,
`
`U 2).
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`3.
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`Defendant states that "Rubicon no longer engages in any
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`of the alleged infringing activities. Rubicon also no longer does
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`business as SmallWorks. Current manufacturing, offering for sale,
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`and sales of the accused products are done solely by SmallWorks. . .
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`." (Id. H 2.)
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`4.
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`These facts raise significant questions about the potential
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`dissolution of the named defendant, Rubicon Communications, LP
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`dba SmallWorks, and transfer of assets after the filing of this lawsuit.
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`LEGO has requested documents relating to any such actions taken in
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`response to this lawsuit, but to date has not yet received any such
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`documents. Such documents, and follow up discovery that may need
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`to be taken in response to information contained in them, may reveal
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`additional claims and parties
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`that
`
`
`
`
`
`be should joined in this action.
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`5. Pursuant to the Court's scheduling Order,
`
`LEGO
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`has
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`92284205 1
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`- 2 -
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`
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`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 3 of 5
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`October 14, 2015 to file motions to join additional parties and to
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`amend the pleadings. LEGO cannot fully assess the need to do so
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`until it receives the information requested from Defendant regarding
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`the formation of new entities and potential transfer of assets, and
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`takes necessary follow up discovery, including depositions of the
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`individuals involved
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`in such
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`transactions.1
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`6. In view of the above, at
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`this
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`time,
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`LEGO
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`moves
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`to
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`its Complaint to add SmallWorks, LLC as a defendant in this action
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`and (b) extend the deadline for LEGO to file motions to join parties
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`and amend the pleadings until 60 (sixty) days after it has received full
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`discovery on the corporate transactions referred to in Paragraph 2 of
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`Defendant's Answer.
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`Accompanying this motion are LEGO's Memorandum of Law
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`and Proposed Amended Complaint.
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`The undersigned has conferred with counsel
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`
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`for Defendant, who
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`stated that Defendant consents
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`to
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`
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`the requested by LEGO relief
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`
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`in this
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`motion, but disagrees with the allegations made in this motion and
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`accompanying memorandum.
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`from James and Jamie Thompson who,
`1 This includes discovery
`according to Defendant's
`Interrogatory
`
`Responses and records, own one public
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`or more of these entities
`and
`have
`served
`in
`managerial
`
`roles
`
`
`
`92284205 [
`
`.
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`
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`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 4 of 5
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`WHEREFORE, in the interests of justice and given the absence
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`of undue prejudice to Defendant, Plaintiff requests that this Court
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`grant its Motion to amend the complaint to name an additional
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`defendant, and to extend
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`
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`the time to further amend and
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`join parties.
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`Respectfully submitted,
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`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-
`
`
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`Case 3:15-cv-00823-VLB Document 29 Filed 10/14/15 Page 5 of 5
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`CERTIFICATION
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`I hereby certify that on
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`
`
`
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`day this 14th of October, 2015 the
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`foregoing was filed electronically and
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`served
`
`
`
`by mail anyone
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`on
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`unable to accept electronic
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`filing. Notice of this filing will be
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`sent
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`by
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`
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`e-mail to all parties by operation of the Court's electronic
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`filing
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`system. Parties may access
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`this
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`filing
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`through
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`the
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`Court's
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`CM/ECF
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`system.
`
`Catherine Dugan O'Connor
`(ct17316)
`
`92284205.
`
`-5-
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`