Avocet Sports Technology, Inc. v. Polar Electro, Inc.

Filing 5

ORDER GRANTING MOTION TO RELATE. Case Management Conference set for 5/14/2012 10:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge James Ware on May 10, 2012. (wsn, COURT STAFF) (Filed on 5/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 11-04049 JW
NO. C 12-02234 JSC
NO. C 12-02235 DMR

Avocet Sports Tech., Inc.,

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Plaintiff,
v.

For the Northern District of California

United States District Court

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ORDER GRANTING MOTION TO
RELATE

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Garmin Int’l., Inc., et al.,
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Defendants.
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/
v.
Polar Electro, Inc.,

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Defendant.
/

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v.
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Casio America, Inc.,
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Defendant.
/

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Presently before the Court is Plaintiff’s Motion to Relate.1 In its Motion to Relate, Plaintiff

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contends that Avocet Sports Technology, Inc. v. Garmin International, Inc., et al., No. C 11-04049
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(Administrative Motion to Consider Whether Cases Should Be Related, hereafter,
“Motion,” Docket Item No. 116 in No. C 11-04049 JW.)

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JW, should be related to two recently filed cases2 on the ground that all three cases “arise of [sic]

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and concern the identical U.S. Patent, [namely,] Patent No. 5,058,427.” (Motion at 1.) To date, no

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party has filed an opposition to the Motion to Relate.

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Civil Local Rule 3-12(a) provides:

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An action is related to another action when:

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(1)

The action concerns substantially the same parties, property, transaction or event; and

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(2)

It appears likely that there will be an unduly burdensome duplication of labor and
expense or conflicting results if the cases are conducted before different judges.

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Upon review, the Court finds that this case is related to the 2012 Cases within the meaning of
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Civ. L.R. 3-12(a). In particular, the Court finds that all three cases concern allegations of
infringement of the same patent by various Defendants,3 which means that the cases are all related,

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pursuant to Rule 3-12(a).
For the Northern District of California

United States District Court

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Accordingly, the Court ORDERS that the Clerk immediately relate this case to Avocet
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Sports Technology, Inc. v. Polar Electro, Inc., No. C 12-02234 JSC and Avocet Sports Technology,
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Inc. v. Casio America, Inc., No. C 12-02235 DMR
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The parties in the new actions shall appear for the Case Management Conference currently
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set in No. C 11-04049 for May 14, 2012 at 10 a.m.
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Dated: May 10, 2012
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JAMES WARE
United States District Chief Judge

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The recently filed cases are: (1) Avocet Sports Technology, Inc. v. Polar Electro, Inc., No.
C 12-02234 JSC; and (2) Avocet Sports Technology, Inc. v. Casio America, Inc., No. C 12-02235
DMR (collectively, the “2012 Cases”).
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On March 22, 2012, the Court granted two Defendants’ motions to dismiss in this case, and
observed that it was “not clear from the Complaint that Defendants [were] properly joined.” (Order
Granting Defendants’ Motions to Dismiss with Leave to Amend at 9 n.16, Docket Item No. 109 in
No. C 11-04049 JW.) In light of that Order, Plaintiff dismissed its claims against Defendants Polar
Electro, Inc. and Casio America, Inc. without prejudice to refile separate actions against those two
Defendants. (See Docket Item No. 112 in No. C 11-04049 JW.) Subsequently, Plaintiff filed
separate actions against those two Defendants, i.e., the 2012 Cases.

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Adam Prescott Seitz [e-mail]
David C. Lee [e-mail]
Frear Stephen Schmid [e-mail]
Janelle M Smith [e-mail]
John P. Moran [e-mail]
Joshua M Masur [e-mail]
Julie Sandra Turner [e-mail]
Katherine M. Lieb [e-mail]
Michael John Lyons [e-mail]
Michelle Lyons Marriott [e-mail]
Pablo D. Hendler [e-mail]
Rachel Melissa Walsh [e-mail]
Robert J. Goldman [e-mail]
Scott D. Stimpson [e-mail]

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Dated: May 10, 2012

Richard W. Wieking, Clerk

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By:
For the Northern District of California

United States District Court

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/s/ JW Chambers
William Noble
Courtroom Deputy