, ParkerVision, Inc. v. Qualcomm Incorporated UNOPPOSED MOTION OF PARKERVISION, INC., TO REFORM THE OFFICIAL CAPTION

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1 Case: Document: 41 Page: 1 Filed: 09/25/2014 IN THE UNITED STATES COURT OF APPEALS ParkerVision, Inc. v. Qualcomm Incorporated UNOPPOSED MOTION OF PARKERVISION, INC., TO REFORM THE OFFICIAL CAPTION Plaintiff - Appellant ParkerVision, Inc. ( ParkerVision ) respectfully moves to reform the Official Caption reflected on the electronic docket. The Official Caption includes the law firm of Sterne, Kessler, Goldstein & Fox PLLC ( Sterne Kessler ), which was dismissed from this case before final judgment in the district court. In answering ParkerVision s complaint, Qualcomm, Inc. ( Qualcomm ) asserted breach of fiduciary duty and breach of contract claims against Sterne Kessler, the firm that prosecuted the patents-in-suit. See Dkt. 197 at 2, citing Dkt. 91, counts 9 and 11. Ruling on Sterne Kessler s motion to dismiss these counterclaims, the district court dismissed them without prejudice and abated them until the primary claims in this case are resolved. Dkt. 197 at 4. Later, Qualcomm voluntarily dismissed these counterclaims. Dkt As a result, Sterne Kessler is no longer a party to this case.

2 Case: Document: 41 Page: 2 Filed: 09/25/2014 Accordingly, in accordance with the Practice Notes to Federal Circuit Rule 12, ParkerVision respectfully requests the Official Caption be reformed as follows: IN THE UNITED STATES COURT OF APPEALS PARKERVISION,INC., a Florida Corporation v. Plaintiff - Appellant, QUALCOMM INCORPORATED, a Delaware Corporation, Defendant - Cross-Appellant. Appeals from the United States District Court for the Middle District of Florida in No. 3:11-cv RBD-JRK, Judge Roy B. Dalton Counsel for ParkerVision has discussed this motion with counsel for Qualcomm who has indicated that Qualcomm does not oppose the requested reformation. this motion. A proposed order believed appropriate for entry by the Court is attached to Dated: September 25, 2014 /s/ Erik R. Puknys Erik R. Puknys FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Attorneys for Plaintiff-Appellant ParkerVision, Inc. 2

3 Case: Document: 41 Page: 3 Filed: 09/25/2014 IN THE UNITED STATES COURT OF APPEALS ParkerVision, Inc. v. Qualcomm Incorporated ORDER UPON CONSIDERATION of the Unopposed Motion of ParkerVision, Inc., to Reform the Official Caption, it is ORDERED that: The Motion is GRANTED. FOR THE COURT: Date:

4 Case: Document: 41 Page: 4 Filed: 09/25/2014 IN THE UNITED STATES COURT OF APPEALS ParkerVision, Inc. v. Qualcomm Incorporated CERTIFICATE OF INTEREST Counsel for ParkerVision, Inc., certifies the following: The full name of every party or amicus represented by me is: ParkerVision, Inc. The name of the real party in interest (if the party named in the caption is not the real party in interest) represented by me is: None All parent corporations and any publicly held companies that own 10 percent or more of the stock of the party or amicus curiae represented by me are: None The names of all law firms and the partners or associates that appeared for the party or amicus now represented by me in the trial court or are expected to appear in this court are: Finnegan, Henderson Farabow, Garrett & Dunner, LLP. Donald R. Dunner, Erik R. Puknys, Jacob A. Schroeder McKool, Smith, P.C. Douglas A. Cawley, Richard A. Kamprath, Ivan Wang, Kevin L. Burgess, Josh W. Budwin, Leah Buratti, Mario A. Apareotesi, Kevin Kneupper, James Quigley, Travis G. White

5 Case: Document: 41 Page: 5 Filed: 09/25/2014 Smith Hulsey & Busey Stephen D. Busey, James A. Bolling Allen, Dyer, Doppelt, Milbrath & Gilchrist Ava K. Doppelt, Bran R. Gilchrist, Jeffrey S. Boyles Caldwell, Cassady & Curry, P.C. Jason D. Cassady, John A. Curry Dated: September 25, 2014 /s/ Erik R. Puknys Erik R. Puknys FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Attorneys for Plaintiff-Appellant ParkerVision, Inc. 2

6 Case: Document: 41 Page: 6 Filed: 09/25/2014 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Unopposed Motion of ParkerVision, Inc., to Reform the Official Caption was served upon registered counsel by operation of the Court s CM/ECF system on this 25th day of September, /s/kay Wylie