Activevideo Networks, Inc v. Trans Video Electronics, Ltd

Filing 23

ORDER re Sur-Reply for 8 Defendant's Motion to Dismiss. Signed by Judge Edward M. Chen on 7/30/2013. (emclc1, COURT STAFF) (Filed on 7/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ACTIVEVIDEO NETWORKS, INC.,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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TRANS VIDEO ELECTRONICS, LTD.,

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No. C-13-1980 EMC

ORDER RE SUR-REPLY

Defendant.
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(Docket No. 8)

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Defendant Trans Video Electronics, Ltd. (“TVE”) has filed a motion to dismiss based lack of

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subject matter jurisdiction and lack of personal jurisdiction. In its reply brief, TVE has now offered

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what appears to be a covenant not to sue. See Djurovich Decl. ¶ 20. Because Plaintiff ActiveVideo

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Networks, Inc. (“AV”) has not been given an opportunity to comment on the covenant not to sue, the

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Court hereby orders AV to file a sur-reply, limited to the issue of the covenant not to sue – in

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particular, what impact that covenant has on subject matter jurisdiction. The sur-reply shall be filed

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within one week of the date of this order.

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IT IS SO ORDERED.

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Dated: July 30, 2013

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_________________________
EDWARD M. CHEN
United States District Judge