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