Conceptus, Inc. v. Hologic, Inc.

Filing 375

ORDER RE MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT re 374 MOTION for Leave to File for Summary Judgment on Indirect Infringement in view of Global-Tech Appliances, Inc. v. SEB S.A. filed by Hologic, Inc.. Signed by Judge Alsup on August 2, 2011. (whalc1, COURT STAFF) (Filed on 8/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CONCEPTUS, INC.,

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For the Northern District of California

United States District Court

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No. C 09-02280 WHA

Plaintiff,
v.

ORDER REGARDING
MOTION FOR LEAVE
TO FILE MOTION FOR
SUMMARY JUDGMENT

HOLOGIC, INC.,
Defendant.
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On August 2, 2011, defendant filed a motion for leave to file a second motion for

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summary judgment. The proposed motion would be based on a recent Supreme Court decision

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and would be limited to the issue of indirect patent infringement (Dkt. No. 374). Defendant

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noticed its motion for leave to be heard on the normal 35-day track. Instead, however, it will be

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treated as an administrative motion. Pursuant to Civil Local Rule 7-11, plaintiff may file an

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opposition by AUGUST 8, 2011. The motion then will be decided without a hearing. The hearing

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noticed for September 8, 2011, is VACATED.

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IT IS SO ORDERED.

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Dated: August 2, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE