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

Filing 259

ORDER ADDING THRESHOLD ISSUE re 26 Case Management Scheduling Order,,, Order Referring Case to Magistrate Judge for Settlement,,. Signed by Judge Alsup on May 17, 2011. (whalc1, COURT STAFF) (Filed on 5/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OPENWAVE SYSTEMS INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER ADDING
THRESHOLD ISSUE

MYRIAD FRANCE S.A.S.,
Defendant.
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No. C 10-02805 WHA

AND RELATED COUNTERCLAIMS
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In November 2010, this action was divided into phases, and the parties were instructed

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that the following threshold issues would be resolved first: (1) the standing of Myriad France

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SAS to assert rights under the June 2008 agreement; (2) the validity and meaning of the contract

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clause providing for assignment of “Missing Assigned Patents”; and (3) the meaning of the word

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“cover” in the definition of Missing Assigned Patents (Dkt. No. 26 at 1). In this connection, the

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following issue also will be addressed in this first phase of the action: whether the Court (or jury)

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makes a de novo determination whether a patent is a Missing Assigned Patent versus whether

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Openwave need only show it had a reasonable basis for its denial as to each such patent.

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IT IS SO ORDERED.

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Dated: May 17, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE