Overture Services, Inc. v. Google Inc.

Filing 27

ORDER by Judge Charles R. Breyer granting 25 Motion for Extension of Time to File (be, )

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Overture Services, Inc. v. Google Inc. Doc. 27 Case 3:02-cv-01991-JSW Document 27 Filed 10/08/2002 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 290248.01 KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 JON B. STREETER - #101970 DARALYN J. DURIE - #169825 MICHAEL S. KWUN - #198945 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION OVERTURE SERVICES, INC., a Delaware corporation, Plaintiff, v. GOOGLE INC., a California corporation, Defendant. Case No. C 02-01991 CRB ADR ORDER GRANTING DEFENDANT GOOGLE INC.'S MOTION FOR AN ORDER EXTENDING GOOGLE'S TIME TO SERVE INITIAL INVALIDITY CONTENTIONS Before the Court is defendant Google Inc.'s ("Google's") motion, pursuant to Civil L.R. 6-1 and 6-3, and paragraph 4 of the Court's Standing Order, for an order extending its time to serve its Preliminary Invalidity Contentions. Having considered all of the papers filed in support of and opposition to the motion, and good cause appearing, the Court GRANTS Google's motion. Plaintiff Overture Services, Inc. ("Overture") is ORDERED to serve forthwith a revised version of its Disclosure of Asserted Claims and Preliminary Infringement Contentions (hereinafter, "Preliminary Infringement Contentions") that fully complies with Patent L.R. 3-1. Overture's claim chart in its revised Preliminary Infringement Contentions must specifically point out what aspects of the accused instrumentality satisfy each element of each asserted claim of the patent-in-suit. Conclusory assertions 1 [PROPOSED] ORDER CASE NO. C 02-01991 CRB ADR Dockets.Justia.com Case 3:02-cv-01991-JSW Document 27 Filed 10/08/2002 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 290248.01 that a given element is present in the accused instrumentality are not sufficient. The Court FURTHER ORDERS that Google's deadline for serving its Preliminary Invalidity Contentions is extended to forty-five days after the date on which Overture serves revised Preliminary Infringement Contentions that fully comply with Patent L.R. 3-1. The parties are ORDERED to meet and confer about the case management schedule, and to file with the Court within ten court days of the date of this Order a joint case management statement addressing any scheduling modifications that may be necessary in light of this Order. IT IS SO ORDERED. Dated: October 8, 2002 /s/ HON. CHARLES R. BREYER United States District Judge [PROPOSED] ORDER CASE NO. C 02-01991 CRB ADR 2

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