Oracle America, Inc. v. Google Inc.

Filing 328

ORDER PARTIALLY GRANTING AND PARTIALLY DENYING LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT ON INDIRECT INFRINGEMENT re #312 Letter filed by Google Inc.. Signed by Judge Alsup on August 19, 2011. (whalc1, COURT STAFF) (Filed on 8/19/2011)

1
2

IN THE UNITED STATES DISTRICT COURT

3
FOR THE NORTHERN DISTRICT OF CALIFORNIA
4
5
6
7
8
9

Plaintiff,

GOOGLE INC.,
Defendant.
/

11
For the Northern District of California

ORDER PARTIALLY
GRANTING AND PARTIALLY
DENYING LEAVE TO FILE
MOTION FOR SUMMARY
JUDGMENT ON INDIRECT
INFRINGEMENT

v.

10

United States District Court

No. C 10-03561 WHA

ORACLE AMERICA, INC.,

12

Defendant requests leave to file a motion for partial summary judgment regarding

13

plaintiff’s allegations of indirect infringement under 35 U.S.C. 271(c) and 35 U.S.C. 271(f)

14

(Dkt. No. 312). Plaintiff opposes defendant’s request (Dkt. Nos. 321, 323). Having considered

15

the submissions from both sides, the request is GRANTED IN PART AND DENIED IN PART.

16

As to the allegations under 35 U.S.C. 271(f), the request is GRANTED. The motion must

17

be filed by SEPTEMBER 8, 2011, and it must be noticed for a hearing on the normal 35-day track.

18

The brief, opposition, and reply brief each may be no more than ten pages. Plaintiff’s counsel

19

state that “it may be possible for the parties to resolve the 271(f) issue without judicial

20

intervention” (Dkt. No. 323). Plaintiff’s counsel remain free to negotiate a resolution of this

21

issue, but in the meantime, defendant may file its motion.

22

As to the allegations under 35 U.S.C. 271(c), the request is DENIED. The proposed

23

motion directed at those allegations does not appear likely to materially narrow the issues for

24

trial. This denial is without prejudice to the same non-infringement arguments being raised

25

at trial.

26

IT IS SO ORDERED.

27
28

Dated: August 19, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE