Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 16

Application for Temporary Restraning Order and Order to Show Cause re: Preliminary Injunction re 8 filed by Realnetworks Home Entertainment, Inc., (Bal, Colleen) (Filed on 10/3/2008) Text modified on 10/6/2008 conforming to posted document cation (bw, COURT STAFF).

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 16

Case3:08-cv-04548-MHP Document16

Filed10/03/08 Page1 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

JAMES A. DIBOISE, State Bar No. 83296 Email: [e-mail] COLLEEN BAL, State Bar No. 167637 Email: [e-mail] MICHAEL A. BERTA, State Bar No. 194650 Email: [e-mail] TRACY TOSH LANE, State Bar No. 184666 Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation,

) ) ) ) ) ) Plaintiffs, ) ) v. ) ) DVD COPY CONTROL ASSOCIATION, INC., ) a Delaware nonprofit corporation, DISNEY ) ) ENTERPRISES, INC., a ) Delaware corporation; PARAMOUNT ) PICTURES CORP., a Delaware corporation; SONY PICTURES ENTERTAINMENT, INC., a ) ) Delaware corporation; TWENTIETH CENTURY ) FOX FILM CORP., a Delaware corporation; ) NBC UNIVERSAL, INC., a Delaware ) ) corporation; WARNER BROS. ) ENTERTAINMENT, INC., a Delaware ) corporation; and VIACOM, Inc., a Delaware ) Corporation. ) ) Defendants. )

CASE NO.: C-08-4548-HRL

PLAINTIFFS AND COUNTERCLAIM DEFENDANTS REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC.'S OPPOSITION TO DEFENDANTS' APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE; PRELIMINARY INJUNCTION

PLAINTIFFS' OPP TO DEFTS' APPLICATION FOR TEMPORARY RESTRAINING ORDER CASE NO. C-08-4548 HRL
Dockets.Justia.com

Case3:08-cv-04548-MHP Document16

Filed10/03/08 Page2 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

Plaintiffs and Counterclaim Defendants RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. ("Real") oppose the Application for Temporary Restraining Order filed this afternoon by the Defendants. However, because Real did not receive notice of Defendants' intention to file its Ex Parte Application for Temporary Restraining Order until just shortly before 2:00 pm today, October 3, 2008, Real has not had any opportunity to review Defendants' papers, much less to prepare a written opposition to them. Further, contrary to Defendants' assertion in their ex parte papers, Real has never had an opportunity to fully brief the issues before any court (including the District Court for the Central District of California). Real had mere hours to prepare and submit on Tuesday, September 28, 2008 a partial response to an ex parte application for TRO filed by Defendants in the Central District Court, but that response was limited and the facts have changed since then. As counsel for Real indicated to counsel for Defendants, lead counsel for Real is currently out-of-town and unavailable. Further, because Defendants declined the assignment of this case to Magistrate Judge Lloyd earlier today, the judge to be assigned to this matter is currently unknown to Real, and Real is therefore unable even to send a lawyer to court to orally oppose Defendants' application. Accordingly, Real respectfully requests (1) that the Court grant Real an opportunity to file a written opposition to Defendants' ex parte application, and (2) that the Court set a reasonable deadline for such written opposition.

Dated: October 3, 2008

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By:

/s/Colleen Bal Colleen Bal

Attorneys for Plaintiffs REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC.

PLAINTIFFS' OPP TO DEFTS' APPLICATION FOR TEMPORARY RESTRAINING ORDER CASE NO. C-08-4548 HRL

-2-