Openwave Systems Inc. v. Myriad France S.A.S.

Filing 245

ORDER GRANTING LEAVE TO RE-FILE DECLARATIONS re 206 Letter filed by Myriad France S.A.S., 212 Order. Signed by Judge Alsup on May 12, 2011. (whalc1, COURT STAFF) (Filed on 5/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
v.

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ORDER GRANTING
LEAVE TO RE-FILE
DECLARATIONS

MYRIAD FRANCE S.A.S.,
Defendant.
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For the Northern District of California

United States District Court

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No. C 10-02805 WHA

OPENWAVE SYSTEMS INC.,

AND RELATED COUNTERCLAIMS
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Myriad seeks leave to resubmit the declarations of Cyrille Amar, Obie Oberoi, and Simon

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Wilkinson in support of Myriad’s opposition to Openwave’s motion for partial summary

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judgment. Myriad explains that the phrase “under the laws of the United States of America” was

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inadvertently omitted from the filed declarations (Dkt. No. 212). Openwave “does not oppose”

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Myriad’s administrative motion so long as the additional evidentiary objections to the

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declarations set forth in Openwave’s response may be considered. Openwave explains that this

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provision would cure the prejudice of allowing Myriad to re-file corrected declarations after

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Openwave objected only to the original versions (Dkt. No. 237).

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Myriad’s administrative motion for leave to re-file corrected versions of the declarations

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is GRANTED. If those declarations become relevant to the Court’s analysis of Openwave’s

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motion for summary judgment, then Openwave’s additional objections will be considered.

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IT IS SO ORDERED.

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Dated: May 12, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE