Avocet Sports Technology, Inc. v. Garmin International, Inc. et al
Filing
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Judicial Referral for Purpose of Determining Relationship of Cases re 08-04264. Signed by Judge Lucy H. Koh on 2/7/2012. (lhklc2, COURT STAFF) (Filed on 2/7/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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AVOCET SPORTS TECHNOLOGY, INC.,
Plaintiff,
v.
GARMIN INTERNATIONAL, INC., et al.,
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Defendants.
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Case No.: 11-CV-04049-LHK
ORDER REFERRING MATTER FOR
RELATED CASE DETERMINATION
Pursuant to Civil Local Rule 3-12(c), the above captioned matter is hereby referred to the
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Honorable James Ware for a determination as to whether it is related to: Avocet Sports Technology,
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Inc. v. Amer Sports Corp., et al., 08-CV-04264-JW. In both this case (11-CV-04049-LHK) and the
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first filed case assigned to Judge Ware (08-CV-04264-JW), Plaintiff Avocet Sports Technology
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Inc. claims that Defendants infringe United States Patent Number 5,058,427 (“the ’427 Patent”).
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In the first filed case, Judge Ware previously construed a term from the ’427 Patent. See First
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Claim Construction Order, Case Number 08-CV-04264-JW, Doc. No. 52. Additionally,
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Defendants in this case have raised a laches defense, and Plaintiffs have indicated that the same
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defense was raised by the Defendants in the first filed case before Judge Ware.
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IT IS SO ORDERED.
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Dated: February 7, 2012
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LUCY H. KOH
United States District Judge
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Case No.: 11-CV-04049-LHK
ORDER REFERRING MATTER FOR RELATED CASE DETERMINATION
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