Streetspace, Inc v. Google, Inc. et al

Filing 121

NOTICE RE MISJOINDER RESPONSES. Signed by Judge Alsup on September 17, 2012. (whalc1, COURT STAFF) (Filed on 9/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STREETSPACE, INC.,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-04574 WHA

v.

NOTICE RE MISJOINDER
RESPONSES

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GOOGLE INC.; ADMOB, INC.; APPLE
INC.; QUATTRO WIRELESS, INC.;
NOKIA CORPORATION; NOKIA INC.;
NAVTEQ CORPORATION;
MILLENNIAL MEDIA, INC.;
JUMPTAP, INC.,

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Defendants.

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/

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The undersigned has reviewed the parties’ responses to the order to show cause regarding

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misjoinder. Per defendants’ request, because the PTO reexamination of the patent-in-suit is near

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conclusion with all claims currently rejected, the undersigned will postpone ruling on the issue

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of misjoinder for judicial efficiency. See Gould v. Control Laser Corp., 705 F.2d 1340, 1342

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(Fed. Cir. 1983) (holding that one purpose of reexamination is to eliminate the issue of invalidity

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when asserted claims are canceled). The issue of whether to maintain the stay currently in place

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may be revisited at the case management conference, currently scheduled for October 11, 2012.

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By that time, perhaps the reexamination will have concluded.

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Dated: September 17, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE