Oracle America, Inc. v. Google Inc.
Filing
326
ORDER DENYING LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT ON PATENT MARKING re #310 Letter filed by Google Inc.. Signed by Judge Alsup on August 19, 2011. (whalc1, COURT STAFF) (Filed on 8/19/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, 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 FOR
SUMMARY JUDGMENT
ON PATENT MARKING
GOOGLE INC.,
Defendant.
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No. C 10-03561 WHA
Defendant requests leave to file a motion for partial summary judgment on damages based
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on the patent marking statute, 35 U.S.C. 287 (Dkt. No. 310). Plaintiff opposes defendant’s
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request (Dkt. No. 319). Having considered both submissions, this order finds that defendant’s
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proposed motion would be premature because so many of the asserted claims still remaining in
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the case will not be tried. Accordingly, the request is DENIED. This denial is without prejudice to
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the same marking arguments being raised at trial.
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IT IS SO ORDERED.
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Dated: August 19, 2011.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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