Bovino v. Incase Designs Corp

Filing 127

Order by Hon. Vince Chhabria denying 96 Motion to Strike ; denying 96 Motion to Compel and Allowing Supplemental Briefing.(knm, COURT STAFF) (Filed on 2/18/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JERALD A. BOVINO, Case No. 14-cv-02105-VC Plaintiff, 8 v. 9 10 INCASE DESIGNS CORP, Defendant. ORDER DENYING MOTION TO STRIKE AND ALLOWING SUPPLEMENTAL BRIEFING Re: Dkt. No. 96 United States District Court Northern District of California 11 12 13 14 Incase's motion to strike is denied without prejudice to refiling it pending the outcome of its early motion for summary judgment. Incase may file a supplemental brief in support of its summary judgment motion for the 15 sole purpose of making the argument that Bovino's new infringement theory involving iPad users 16 is barred as a matter of law due to the License Agreement between Bovino and Apple/Target. 17 Incase's supplemental brief may not exceed five pages and is due on February 25, 2015. Bovino's 18 opposition, also not to exceed five pages, is due on March 4, 2015. No reply will be allowed. 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: February 18, 2015 ______________________________________ VINCE CHHABRIA United States District Judge

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