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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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 DENYING
LEAVE TO FILE
MOTION TO STRIKE

MYRIAD FRANCE S.A.S.,
Defendant.
/

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No. C 10-02805 WHA

AND RELATED COUNTERCLAIMS
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Myriad France S.A.S. “seeks leave to file a motion to strike Openwave System, Inc.’s

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[sic] July 29, 2011 Supplemental Response To Court-Ordered Interrogatory regarding the

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meaning of the word ‘cover’ as untimely and in violation of the Court’s order” (Dkt. No. 330).

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Openwave Systems Inc. opposes (Dkt. No. 331). Having considered both submissions, Myriad’s

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request is DENIED. Openwave will be permitted to argue for its eleventh-hour revised

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interpretation of the contract term “cover” at trial. Neither side, however, will be entitled to take

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additional discovery. In permitting Openwave to present its new theory at trial this order does not

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in any way vet or comment on the merits of the new theory or excuse Openwave from any

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discovery sanction precluding all or part of the new theory at trial.

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IT IS SO ORDERED.

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Dated: August 3, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE