Oracle America, Inc. v. Google Inc.
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
GRANTING AND PARTIALLY
DENYING LEAVE TO FILE
MOTION FOR SUMMARY
JUDGMENT ON INDIRECT
United States District Court
No. C 10-03561 WHA
ORACLE AMERICA, INC.,
Defendant requests leave to file a motion for partial summary judgment regarding
plaintiff’s allegations of indirect infringement under 35 U.S.C. 271(c) and 35 U.S.C. 271(f)
(Dkt. No. 312). Plaintiff opposes defendant’s request (Dkt. Nos. 321, 323). Having considered
the submissions from both sides, the request is GRANTED IN PART AND DENIED IN PART.
As to the allegations under 35 U.S.C. 271(f), the request is GRANTED. The motion must
be filed by SEPTEMBER 8, 2011, and it must be noticed for a hearing on the normal 35-day track.
The brief, opposition, and reply brief each may be no more than ten pages. Plaintiff’s counsel
state that “it may be possible for the parties to resolve the 271(f) issue without judicial
intervention” (Dkt. No. 323). Plaintiff’s counsel remain free to negotiate a resolution of this
issue, but in the meantime, defendant may file its motion.
As to the allegations under 35 U.S.C. 271(c), the request is DENIED. The proposed
motion directed at those allegations does not appear likely to materially narrow the issues for
trial. This denial is without prejudice to the same non-infringement arguments being raised
IT IS SO ORDERED.
Dated: August 19, 2011.
UNITED STATES DISTRICT JUDGE
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