Overture Services, Inc. v. Google Inc.

Filing 36

Reply Memorandum to Motion re 25 for an Extension of Time to Serve Initial Invalidity Contentions filed by Google Inc.. (Attachments: # 1 Proposed Order Granting Google's Motion for an Extension of Time to Serve Initial Invalidity Contentions)(Kwun, Michael)

Overture Services, Inc. v. Google Inc.

Doc. 36 Att. 1

Case 3:02-cv-01991-JSW

Document 36-2

Filed 12/12/2002

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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: [phone] Facsimile: [phone] 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 (EDL) [PROPOSED] 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 to compel plaintiff Overture Services, Inc. ("Overture") to supplement its Disclosure of Asserted Claims and Preliminary Infringement Contentions (hereinafter, "Preliminary Infringement Contentions") and accordingly to extend Google's 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. 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 1

303323.01

[PROPOSED] ORDER CASE NO. C 02-01991 CRB (EDL)
Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 36-2

Filed 12/12/2002

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instrumentality satisfy each element of each asserted claim of the patent-in-suit. Conclusory assertions 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. As required by the Stipulated Order entered by Judge Breyer on October 21, 2002, the parties are ORDERED to meet and confer about the case management schedule, and to file with 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:

HON. ELIZABETH D. LAPORTE United States Magistrate Judge

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[PROPOSED] ORDER CASE NO. C 02-01991 CRB (EDL)