Internet Patents Corporation v. Tree.com Inc.

Filing 40

ORDER TO SHOW CAUSE RE DISMISSAL. Signed by Judge Jeffrey S. White on September 24, 2013. (jswlc2, COURT STAFF) (Filed on 9/24/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 INTERNET PATENTS CORPORATION, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C 12-06505 JSW v. TREE.COM, INC., 13 ORDER TO SHOW CAUSE RE DISMISSAL Defendant. / 14 15 In a related matter pending before this Court, Case No. 12-5036 JSW, the Court has 16 dismissed the suit based on the finding that Plaintiff’s claims fail as a matter of law because the 17 asserted patent, United States Patent No. 7,707,505 (“the ’505 Patent”) entitled “Dynamic Tabs 18 for a Graphical User Interface” is invalid under 35 U.S.C. § 101 for lack of patent-eligible 19 subject matter. 20 It “is the duty of the court to dismiss a patent infringement suit whenever it appears that 21 the patent is invalid.” Barkeij v. Lockheed Aircraft Corp., 201 F.2d 1, 2 (9th Cir. 1954) 22 (citations omitted). Accordingly, this Court issues Plaintiff this Order to Show Cause in writing 23 why this related matter premised upon the same patent should not be dismissed. Plaintiff shall 24 file a response, not to exceed 10 pages, by no later than October 4, 2013. Should Defendant 25 elect to file a reply, it shall be due no later than October 11, 2013. 26 27 28 IT IS SO ORDERED. Dated: September 24, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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