MySpace, Inc. v. GraphOn Corporation

Filing 105

ORDER by Magistrate Judge Elizabeth D. Laporte granting 85 Motion (edllc2, COURT STAFF) (Filed on 10/19/2010)

MySpace, Inc. v. GraphOn Corporation

Doc. 105

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. GRAPHON CORPORATION, Defendant. ___________________________________/ On August 6, 2010, the Court issued an order granting Plaintiffs' motion for an early hearing on inequitable conduct. Defendant has filed this motion for clarification or, in the alternative, for reconsideration, of two statements made in that order. Because this matter is appropriate for decision without oral argument, the Court vacates the October 26, 2010 hearing and grants Defendant's Motion for Clarification as follows. In the August 6, 2010 Order, the Court specifically stated that it had "not reached a decision, even preliminarily, on the ultimate merits" of the inequitable conduct claim. Aug. 6, 2010 Order at 3. In making that statement, the Court meant to convey that it was not making any findings at all regarding the merits of any aspect of this case. However, to be even more clear, the Court confirms that it did not make any findings in the August 6, 2010 Order, and that none of the statements made by the Court are to be construed or used by any party in subsequent proceedings as the law of the v. GRAPHON CORPORATION, Defendant. CRAIGSLIST, INC., Plaintiff, / MYSPACE, INC., Plaintiff, No. C-10-0604 EDL No. C-10-1156 EDL Consolidated Actions ORDER GRANTING DEFENDANT'S MOTION FOR CLARIFICATION OR IN THE ALTERNATIVE MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

case or as findings of fact. IT IS SO ORDERED. Dated: October 19, 2010 ELIZABETH D. LAPORTE United States Magistrate Judge

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