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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 8 12 13 14 MEDIOSTREAM, INC., Plaintiff, v. 15 ORDER RE PENDING MOTIONS MICROSOFT CORPORATION, et al., 16 Case No. C 11-2525 RS Defendants. ____________________________________/ 17 18 The parties’ respective joint report regarding pending motions has been received and 19 considered. Although Dell’s joinder in the Sony invalidity motion may not have been strictly 20 timely, there is no indication that the failure to join at an earlier time was the result of an attempt to 21 gain strategic advantage or that it was otherwise unreasonable. There is no prejudice to 22 MedioStream that will result from deciding the Sony motion on its merits, as it was fully-briefed 23 and argued prior to the settlement with Sony. In the event the motion is denied on the merits, 24 MedioStream of course will have no cause to complain. If, conversely, the motion has substantive 25 merit, then it would be in the interest of neither of the parties nor the court to proceed to trial on 26 patent claims that no reasonable finder of fact could find to be valid. Accordingly, Dell’s joinder in 27 the Sony motion will be treated as valid, and the motion will be deemed as remaining under 28 submission and ripe for decision. Completion of briefing on the second invalidity motion remains 1 deferred. The motion for summary judgment based on the Microsoft settlement remains submitted 2 and ripe for decision. 3 4 IT IS SO ORDERED. 5 6 Dated: 8/30/13 7 8 9 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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