Avago Technologies General IP (Singapore) Pte. Ltd. v. ASUSTeK Computer, Inc. et al
Filing
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ORDER by Judge Edward M. Chen denying without prejudice 218 Defendants' Motion for Sanctions. The hearing on the motion is vacated. (emclc2, COURT STAFF) (Filed on 8/18/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AVAGO TECHNOLOGIES GENERAL IP
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Case No. 15-cv-04525-EMC
(SINGAPORE) PTE LTD.,,
Plaintiff,
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v.
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ORDER DENYING WITHOUT
PREJUDICE DEFENDANTS’ MOTION
FOR SANCTIONS
Docket No. 218
ASUSTEK COMPUTER, INC., et al.,
Defendants.
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For the Northern District of California
United States District Court
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Plaintiff Avago Technologies General IP (Singapore) Pte. Ltd. (“Avago”) has filed a patent
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infringement suit against Defendants ASUSTeK Computer Inc. and ASUS Computer International
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(collectively, “ASUS”). Currently pending before the Court is ASUS’s motion for Rule 11
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sanctions. In its motion, ASUS contends that Avago should be sanctioned because (1) it served
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deficient preliminary infringement contentions (“PICs”), see, e.g., Mot. at 13 (arguing that
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Avago’s “infringement claims [have] no reasonable, factual basis, as demonstrated by the
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significant deficiencies in Avago’s PICs”), and because (2) it did not remove certain products
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from its accused product list which is inconsistent with a disclaimer related to Intel in its
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complaint. See, e.g., Mot. at 11, 15 (arguing that 159 of the more than 200 accused products
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should be removed from the lawsuit based on Avago’s Intel disclaimer, as stated in its complaint).
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ASUS’s motion is denied because it is procedurally improper and/or premature.1 If Avago
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served deficient PICs, then ASUS should have filed a discovery motion or even, potentially, a
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motion for summary judgment. Similarly, if Avago should have removed additional products
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For purposes of this opinion, the Court assumes that ASUS’s motion is timely.
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from its accused product list, then ASUS should have filed a motion for summary judgment. The
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bottom line is that the Court will not make a judgment on the substantive merits of this case in the
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context of a motion for sanctions.
Accordingly, the motion for sanctions is hereby DENIED and the hearing on the motion
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is VACATED. This ruling does not preclude ASUS from raising the same or similar issues
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through a different procedural vehicle. Nor does this ruling preclude ASUS from filing a new
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Rule 11 motion after the merits of this case have been adjudicated. Finally, the Court’s ruling
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herein casts no prejudgment on any motion to amend the PICs, should such a motion be filed by
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Avago. To the extent Avago seeks fees for having to oppose the current Rule 11 motion, that
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request is also denied.2
This order disposes of Docket No. 218.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: August 18, 2016
______________________________________
EDWARD M. CHEN
United States District Judge
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The Court shall shortly issue rulings on the motions to file under seal related to the motion for
sanctions.
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