Oracle America, Inc. v. Google Inc.
Filing
327
ORDER DENYING LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT ON '104 PATENT re #311 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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No. C 10-03561 WHA
Plaintiff,
v.
ORDER DENYING
LEAVE TO FILE
MOTION FOR
SUMMARY JUDGMENT
ON ’104 PATENT
GOOGLE INC.,
Defendant.
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Defendant requests leave to file a motion for partial summary judgment that the claims of
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United States patent number RE38,104 are invalid under 35 U.S.C. 251 (Dkt. No. 311). Plaintiff
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opposes defendant’s request (Dkt. No. 318). Having considered both submissions, this order
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finds that defendant’s proposed motion would not be likely to succeed in narrowing the issues for
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trial. Accordingly, the request is DENIED. This denial is without prejudice to the same invalidity
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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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