MedioStream Inc v. Microsoft Corporation

Filing 974

ORDER RE PENDING MOTIONS. Signed by Judge Richard Seeborg on 8/30/13. (cl, COURT STAFF) (Filed on 8/30/2013)

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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 PENDING MOTIONS

MICROSOFT CORPORATION, et al.,

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Case No. C 11-2525 RS

Defendants.
____________________________________/

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The parties’ respective joint report regarding pending motions has been received and

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considered. Although Dell’s joinder in the Sony invalidity motion may not have been strictly

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timely, there is no indication that the failure to join at an earlier time was the result of an attempt to

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gain strategic advantage or that it was otherwise unreasonable. There is no prejudice to

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MedioStream that will result from deciding the Sony motion on its merits, as it was fully-briefed

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and argued prior to the settlement with Sony. In the event the motion is denied on the merits,

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MedioStream of course will have no cause to complain. If, conversely, the motion has substantive

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merit, then it would be in the interest of neither of the parties nor the court to proceed to trial on

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patent claims that no reasonable finder of fact could find to be valid. Accordingly, Dell’s joinder in

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the Sony motion will be treated as valid, and the motion will be deemed as remaining under

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submission and ripe for decision. Completion of briefing on the second invalidity motion remains

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deferred. The motion for summary judgment based on the Microsoft settlement remains submitted

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and ripe for decision.

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IT IS SO ORDERED.
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Dated: 8/30/13

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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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