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)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
ORACLE AMERICA, INC.,

11
For the Northern District of California

United States District Court

10

12
13
14

Plaintiff,
v.

ORDER DENYING
LEAVE TO FILE
MOTION FOR
SUMMARY JUDGMENT
ON PATENT MARKING

GOOGLE INC.,
Defendant.
/

15
16

No. C 10-03561 WHA

Defendant requests leave to file a motion for partial summary judgment on damages based

17

on the patent marking statute, 35 U.S.C. 287 (Dkt. No. 310). Plaintiff opposes defendant’s

18

request (Dkt. No. 319). Having considered both submissions, this order finds that defendant’s

19

proposed motion would be premature because so many of the asserted claims still remaining in

20

the case will not be tried. Accordingly, the request is DENIED. This denial is without prejudice to

21

the same marking arguments being raised at trial.

22
23

IT IS SO ORDERED.

24
25
26
27
28

Dated: August 19, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE