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

Filing 332

ORDER DENYING LEAVE TO FILE MOTION TO STRIKE re 331 Letter filed by Openwave Systems Inc., 330 Letter filed by Myriad France S.A.S.. Signed by Judge Alsup on August 3, 2011. (whalc1, COURT STAFF) (Filed on 8/3/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 OPENWAVE SYSTEMS INC., 9 11 For the Northern District of California United States District Court 10 12 Plaintiff, v. ORDER DENYING LEAVE TO FILE MOTION TO STRIKE MYRIAD FRANCE S.A.S., Defendant. / 13 14 No. C 10-02805 WHA AND RELATED COUNTERCLAIMS / 15 16 Myriad France S.A.S. “seeks leave to file a motion to strike Openwave System, Inc.’s 17 [sic] July 29, 2011 Supplemental Response To Court-Ordered Interrogatory regarding the 18 meaning of the word ‘cover’ as untimely and in violation of the Court’s order” (Dkt. No. 330). 19 Openwave Systems Inc. opposes (Dkt. No. 331). Having considered both submissions, Myriad’s 20 request is DENIED. Openwave will be permitted to argue for its eleventh-hour revised 21 interpretation of the contract term “cover” at trial. Neither side, however, will be entitled to take 22 additional discovery. In permitting Openwave to present its new theory at trial this order does not 23 in any way vet or comment on the merits of the new theory or excuse Openwave from any 24 discovery sanction precluding all or part of the new theory at trial. 25 26 IT IS SO ORDERED. 27 28 Dated: August 3, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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