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

Filing 273

ORDER REQUESTING BRIEFING re 272 Statement filed by Openwave Systems Inc.. Signed by Judge Alsup on June 6, 2011. (whalc1, COURT STAFF) (Filed on 6/6/2011)

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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
REQUESTING
BRIEFING

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

AND RELATED COUNTERCLAIMS
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As directed, the parties filed a joint pre-trial and trial plan (Dkt. No. 272). The filing,

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however, indicates that the parties were unable to reach agreement on three points: (1) what

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issues are jury versus judge issues; (2) how to frame the issues regarding the meaning of the word

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“cover,” and (3) whether a de novo determination whether a patent is a Missing Assigned Patent

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must be made, versus whether Openwave need only show it had a reasonable basis for its denials.

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The parties are requested to brief these issues on the following schedule. Each side shall

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submit one opening brief addressing all three issues on JUNE 14, 2011. The opening briefs may

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be no longer than twenty pages, with fifty pages of attached exhibits, but they may also refer to

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facts already in the record. Simultaneous reply briefs will be due on JUNE 21, 2011. The reply

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briefs may be no longer than fifteen pages, with twenty pages of attached exhibits. These matters

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will then be deemed submitted for decision based on the filings. No oral argument will be heard

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unless necessary after the briefs are reviewed.

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In addressing the first point, counsel should be specific as to which issues are jury versus

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judge issues. Counsel should not simply argue for a jury trial or a bench trial without discussing

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specific issues. In addressing the second point, counsel also should take care to be specific.

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IT IS SO ORDERED.

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Dated: June 6, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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