Fernandez v. Microsoft Corporation

Filing 23

ORDER DENYING MOTION TO RELATE CASES C11-4491, C11-4974, C11-4973, C11-4968 and C11-4969. Signed by Judge William Alsup on 11/16/11. (dt, COURT STAFF) (Filed on 11/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DENNIS FERNANDEZ,

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For the Northern District of California

United States District Court

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No. C 11-04491 WHA

Plaintiff,
v.

ORDER DENYING MOTION
TO RELATE CASES

ADOBE SYSTEMS, INC.,
Defendant.
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Having considered the administrative motion to consider whether four separate

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patent-infringement cases are related to the above-captioned case, this order finds that they are

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not. While all these actions involve one or more patents owned by plaintiff Fernandez, they

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concern five different defendants each with different accused products.

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The infringement issues will vary from defendant to defendant because their products,

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though similar, undoubtedly implement different functionalities and work in different ways.

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Additionally, the damages issues, willfulness issues, time frames, accused conduct, and discovery

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issues will obviously vary from defendant to defendant.

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It is true that patent claims asserted in the instant action are also asserted against the other

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defendants, in addition to other patent claims not asserted here. At most, this means that some

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claim construction issues will overlap. While it would be nice to have an identical set of

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elaborations on the asserted claims for each accused infringer, even that may not be practical, for

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the differences in the accused products will provoke differences in which words and slants in the

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claim language really matter. These differences will lead one defendant to focus entirely upon the

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meaning of certain words or phrases in a claim and another defendant to focus entirely on

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different words or phrases even though they are in the same claim. In other words, the

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claim-construction work likely will not be the same for all defendants, even if they are facing trial

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on the same claims. The claim-construction work must be adapted to the actual issues being

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litigated over the varying accused acts. In short, relating the actions would not avoid duplication

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of labor nor substantially reduce the risk of inconsistent results.

Plaintiff seeks to relate actions against Microsoft Corporation and against Sony Computer

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For the Northern District of California

Moreover, the other actions involve other patents not asserted in the instant action.

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United States District Court

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Entertainment America LLC (Case Nos. 11-4974 and 11-4973, respectively) to the

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above-captioned action. Each of these actions involves four additional patents and different

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accused products. Plaintiff also seeks to relate an action against Cisco Systems, Inc.

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(Case No. 11-4968) to the above-captioned action. The action against Cisco involves an

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additional patent and a different accused product. Plaintiff also seeks to relate an action against

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Blackboard, Inc. (Case No. 11-4969) to the above-captioned action. Although the action against

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Blackboard asserts the same patent claims as the instant action, it involves different

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accused products.

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As to all four cases, the motion to relate is DENIED. Due to the multiplicity of varying

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issues raised by the different accused products and, in most cases, different patents, this order

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finds that the cases are not related within the meaning of our local rules.

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IT IS SO ORDERED.

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Dated: November 16, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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