Ultra Products, Inc. v. Antec, Inc. et al

Filing 391

ORDER RE 390 Concerning Physical Evidence Submitted in Support of Motions for Summary Judgment. Signed by Judge Richard Seeborg on 5/26/11. (cl, COURT STAFF) (Filed on 5/26/2011)

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*E-Filed 5/26/11* 1 2 3 4 5 6 7 8 9 10 MOUNT, SPELMAN & FINGERMAN, P.C. RIVERPARK TOWER, SUITE 1650 333 WEST SAN CARLOS STREET SAN JOSE, CALIFORNIA 95110-2740 TELEPHONE (408) 279-7000 11 12 Daniel S. Mount, Esq. (Cal. Bar No. 77517) Kathryn G. Spelman, Esq. (Cal. Bar No. 154512) Daniel H. Fingerman, Esq. (Cal. Bar No. 229683) Kevin M. Pasquinelli, Esq. (Cal. Bar No. 246985) On Lu, Esq. (Cal. Bar No. 242693) Jing H. Cherng, Esq. (Cal. Bar. No. 265017) Mount, Spelman & Fingerman, P.C. RiverPark Tower, Suite 1650 333 West San Carlos Street San Jose CA 95110-2740 Phone: (408) 279-7000 Fax: (408) 998-1473 Email: dmount@mount.com, kspelman@mount.com, dfingerman@mount.com, kpasquinelli@mount.com, olu@mount.com, gcherng@mount.com Counsel for Defendants Antec Inc., Enermax Technology Corp., Enermax USA Corp., FSP Group USA Corp., Mushkin Inc., Sea Sonic Electronics Co. Ltd., Seasonic Electronics Inc., SPI Electronic Co. Ltd., Tagan Technology Co., Topower Computer Industrial Co. Ltd., Topower Computer (USA) Inc. 13 United States District Court Northern District of California, San Francisco Division 14 15 Streak Products Inc., 16 17 Plaintiff, vs. 24 Antec Inc., Channel Well Technologies Co. Ltd., Enermax Technology Corp., Enermax USA Corp., FSP Group USA Corp., Magnell Associate Inc. d/b/a ABS Computer Technologies Inc., Mushkin Inc., Newegg Inc., Sea Sonic Electronics Co. Ltd., Seasonic Electronics Inc., SPI Electronic Co. Ltd. d/b/a FSP Group Inc., Tagan Technology Co., Thermaltake Technology Co. Ltd., Thermaltake Inc., Topower Computer Industrial Co. Ltd., Topower Computer (USA) Inc. d/b/a EPower Technology/PCMCIS 25 Defendants 18 19 20 21 22 23 26 27 28 Case No. 3:09-cv-04255-RS-HRL [Proposed] Order Concerning Physical Evidence Submitted in Support of Motions for Summary Judgment 1 Defendants brought several computers as exhibits to the Motion for Summary Judgment 2 hearing, held on August 11, 2011. During the hearing, counsel for Defendants submitted the 3 following exhibits in support of their arguments and requested that counsel retain custody of those 4 exhibits. For good cause, the request is GRANTED. The following exhibits, labeled by exhibit 5 number, are deemed submitted and counsel for Defendants is ordered to retain custody of the 6 exhibits, identified below as labeled in the hearing, in the instant case until further notice: 7 8 9 10 MOUNT, SPELMAN & FINGERMAN, P.C. RIVERPARK TOWER, SUITE 1650 333 WEST SAN CARLOS STREET SAN JOSE, CALIFORNIA 95110-2740 TELEPHONE (408) 279-7000 11 12 13 Exhibit 1. HP i2000 computer (S/N: SG21920584), depicted in Appendix A to Motion for Summary Judgment against Claim 1, attached hereto as Exhibit A. Exhibit 2. Intel BS 460 computer, depicted in Appendix B to Motion for Summary Judgment against Claim 1, attached hereto as Exhibit B. Exhibit 3. Intel BS 460 computer, depicted in Appendix C to Motion for Summary Judgment against Claim 1, attached hereto as Exhibit C. Exhibit 4. IBM Personal System/2 Model 60 computer (S/N: 72-8184178), depicted in 14 Appendix A to Motion for Summary Judgment against Claim 4, attached hereto as 15 Exhibit D. 16 Exhibit 5. Apple Macintosh Quadra 950 computer (S/N: XB51909H677), depicted in 17 Appendix B to Motion for Summary Judgment against Claim 4, attached hereto as 18 Exhibit E. 19 Exhibit 8. Ultra Power Bar product and Ultra m998 Computer Case depicted in the 20 Declaration of Daniel H. Fingerman in Support of Motion for Summary Judgment for 21 False Marking, attached hereto as Exhibit F. 22 IT IS SO ORDERED. 23 24 25 Date: 5/26/11 Hon. Richard Seeborg United States District Judge 26 27 28 Case No. 3:09-cv-04255-RS-HRL [Proposed] Order Concerning Physical Evidence Submitted in Support of Motions for Summary Judgment Page 1

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