`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`C.A. NO. 4:17-CV-00141-ALM
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`
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`JURY TRIAL DEMANDED
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`
`PLECTRUM LLC,
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`Plaintiff,
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`v.
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`ORACLE CORPORATION and
`ORACLE AMERICA, INC.,
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`Defendants.
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`PLAINTIFF PLECTRUM LLC’S NOTICE THAT ITS
`FIRST AMENDED COMPLAINT MOOTS DEFENDANTS ORACLE CORPORATION
`AND ORACLE AMERICA, INC.’S MOTION TO DISMISS
`
`Defendants Oracle Corporation and Oracle America, Inc. (collectively, “Oracle”) have
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`moved to dismiss plaintiff Plectrum LLC’s (“Plectrum”) direct and indirect infringement claims,
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`alleging pleading deficiencies in Plectrum’s Original Complaint. (Dkt. # 14). On May 17, 2017,
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`Plectrum filed an amended complaint. (Dkt # 15). “An amended complaint supersedes the
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`original complaint and renders it of no legal effect unless the amended complaint specifically
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`refers to and adopts or incorporates by reference the earlier pleading.” King v. Dogan, 31 F.3d
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`344, 346 (5th Cir. 1994). Thus, because the original complaint has been deprived of “legal
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`effect,” Oracle’s motion to dismiss must therefore be denied as moot. See, Bank of N.Y. Mellon v.
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`Maniscalco, No. 1:15-CV-35, 2015 WL 11111369, at *1 n. 2 (E.D. Tex. May 11, 2015)
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`(dismissing defendant’s motion to dismiss original complaint as moot after plaintiff filed an
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`amended complaint); Chaisson v. Grounds, No. 5:13CV54, 2014 WL 175329, at *4 (E.D. Tex.
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`Jan. 14, 2014) (“The Fifth Circuit has stated that an amended complaint supersedes the original
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`and becomes the operative pleading.”)
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`
`
`1
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`
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`Case 4:17-cv-00141-ALM Document 16 Filed 05/18/17 Page 2 of 3 PageID #: 151
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`
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`Respectfully submitted,
`
`
`
`/s/ Zachariah S. Harrington
`Matthew J. Antonelli
`Texas Bar No. 24068432
`matt@ahtlawfirm.com
`Zachariah S. Harrington
`Texas Bar No. 24057886
`zac@ahtlawfirm.com
`Larry D. Thompson, Jr.
`Texas Bar No. 24051428
`larry@ahtlawfirm.com
`Michael D. Ellis
`Texas Bar No. 24081586
`michael@ahtlawfirm.com
`
`ANTONELLI, HARRINGTON
`& THOMPSON LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`(713) 581-3000
`
`Stafford Davis
`State Bar No. 24054605
`THE STAFFORD DAVIS FIRM, PC
`The People's Petroleum Building
`102 N College Ave., 13th Floor
`Tyler, Texas 75702
`(903) 593-7000
`sdavis@stafforddavisfirm.com
`
`Attorneys for Plectrum LLC
`
`
`
`
`
`2
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`
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`Dated: May 18, 2017
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`Case 4:17-cv-00141-ALM Document 16 Filed 05/18/17 Page 3 of 3 PageID #: 152
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 18th day of May, 2017, I electronically filed the foregoing
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`with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
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`to all counsel of record.
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`
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`
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`/s/ Zachariah S. Harrington
`Zachariah S. Harrington
`
`3
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