Sherman & Associates, Inc. et al v. Oxford Instruments, PLC et al

Filing 51

ORDER OF SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED. Signed by Judge Charles R. Breyer on 11/21/2011. (crblc1, COURT STAFF) (Filed on 11/21/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SHERMAN & ASSOCIATES, INC. ET AL.,

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No. C 11-00827 CRB
ORDER OF SUA SPONTE
REFERRAL AS TO WHETHER
CASES ARE RELATED

Plaintiffs,
v.
OXFORD INSTRUMENTS, PLC ET AL.,
Defendants.

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Northern District of California Civil Local Rule 3-12(c) provides: “Whenever a Judge

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believes that a case pending before that Judge is related to another case, the Judge may refer

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the case to the Judge assigned to the earliest-filed case with a request that the Judge assigned

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to the earliest-filed case consider whether the cases are related.”

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In reviewing the parties’ papers in connection with Defendant Patent Owner ASM

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America’s Motion to Dismiss (dkt. 27), it has come to the Court’s attention that this action

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might be related to Sherman & Assoc., Inc. v. ASM Int’l N.V. et al., Case No. 05-5008. The

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parties agreed at the motion hearing today that the patent at issue in this case was also at

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issue in the earlier action. Sherman and ASM are parties in both cases. And, most critically,

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it was in order to resolve the earlier action that Sherman and ASM entered into a written

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contract whereby Sherman transferred to ASM title to a number of Sherman’s patents,

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including the patent at issue in this case. Mot. at 3. Resolution of ASM’s present Motion

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depends upon interpreting that contract – specifically, determining whether that contract

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confers upon Sherman a sufficient ownership interest to bring this infringement action.

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Accordingly, pursuant to Rule 3-12(c), this action is referred to the Honorable Judge

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Ronald M. Whyte for a determination of whether this action is related to Sherman & Assoc.,

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Inc. v. ASM Int’l N.V. et al., Case No. 05-5008.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: November 18, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2011\827\order referring.wpd

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