MedioStream Inc v. Microsoft Corporation

Filing 897

ORDER RE SCHEDULING OF SUMMARY JUDGMENT MOTIONS. Motion Hearing set for 3/14/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 2/27/13. (cl, COURT STAFF) (Filed on 2/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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MEDIOSTREAM, INC.,
Plaintiff,
v.

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ORDER RE SCHEDULING OF
SUMMARY JUDGMENT MOTIONS

MICROSOFT CORPORATION, et al.,

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Case No. C 11-2525 RS

Defendants.
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By prior order, a hearing on Sony’s pending motion for summary judgment was scheduled

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for March 7, 2013, but was thereafter inadvertently omitted from the calendar. While plaintiff has

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suggested that motion be submitted on the papers, at this juncture oral argument appears warranted,

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and the hearing will be continued to March 14, 2013, at 1:30 p.m.

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Defendants have requested an opportunity to file an additional invalidity summary judgment

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motion, and propose a briefing schedule beginning in early April and culminating in a hearing on

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May 9th, approximately six weeks prior to trial. While seriatim motions are generally disfavored,

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under the circumstances here there is no basis to preclude defendants other than Sony from bringing

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a motion to challenge the validity of the remaining claims on additional grounds. Accordingly,

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defendants may file their proposed motion no later than April 4, 2013. Opposition will be due on

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April 18, 2013, with any reply to be filed no later than April 25, 2013. The hearing shall be noticed

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for May 9, 2013, but the matter may be decided without oral argument, in the Court’s discretion.

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IT IS SO ORDERED.

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Dated: 2/27/13

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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