Keung TSE v. eBay, Inc. et al

Filing 134

ORDER TO SHOW CAUSE. Signed by Judge Alsup on August 12, 2011. (whalc1, COURT STAFF) (Filed on 8/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HO KEUNG TSE,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER TO SHOW CAUSE

EBAY, INC.,
Defendant.
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No. C 11-01812 WHA

The undersigned stayed this action pending the issuance of a reexamination certificate for

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United States Patent Number 6,665,797 by the United States Patent and Trademark Office.

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Plaintiff Ho Keung Tse is currently appealing the rejections of some of the claims in the patent.

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The lone claim asserted in this action was amended during the reexamination process and

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therefore cannot be infringed until a reexamination certificate is issued (see Dkt. No. 133).

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Plaintiff is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed

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without prejudice to refiling after final determination of the validity of the ’797 patent and

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issuance of the reexamination certificate. Plaintiff must file a written response to this order to

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show cause by NOON ON AUGUST 24, 2011. Defendant may file a reply by NOON ON

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AUGUST 31, 2011. This order is an exception to the otherwise blanket stay of this action.

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IT IS SO ORDERED.

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Dated: August 12, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE