SAP America, Inc. v. Pi-Net International, Inc.

Filing 83

ORDER by Judge Hamilton denying 82 Motion for Reconsideration ; denying 82 Motion for Recusal.. (pjhlc1, COURT STAFF) (Filed on 4/27/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 SAP AMERICA, INC., 9 Plaintiff, 10 United States District Court Northern District of California 11 12 v. LAKSHMI ARUNACHALAM, Case No. 13-cv-1248-PJH ORDER DENYING MOTION FOR RECONSIDERATION; ORDER DENYING REQUEST FOR RECUSAL Defendant. 13 14 15 On April 22, 2016, the court issued an order denying the motion of plaintiff Dr. 16 Lakshmi Arunachalam for an order lifting the stay in this action and for an order allowing 17 the filing of an amended counterclaim. Now before the court is plaintiff's "first" motion for 18 reconsideration and motion for recusal. 19 The motion for reconsideration is DENIED. Under Civil Local Rule 7-9, "[n]o party 20 may notice a motion for reconsideration without first obtaining leave of Court to file the 21 motion." Civ. L.R. 7-9(a). Plaintiff did not seek leave to file a motion for reconsideration, 22 and further, her motion does not address the factors set forth in Rule 7-9(b). 23 The motion for recusal is also DENIED. Plaintiff contends that the undersigned 24 should recuse herself because of a purported financial interest in Microsoft Corporation, 25 which previously sought inter-partes reexamination of U.S. Patent No. 7,340,506 ('506 26 patent) with the U.S. Patent and Trademark Office. However, the '506 patent is not 27 presently at issue in this case. Plaintiff wishes to put the '506 patent at issue by means 28 of an amended counterclaim, but, because the case is stayed, the court denied the prior 1 motion for leave to amend the counterclaim without addressing the merits. If plaintiff 2 wants to assert infringement of the '506 patent, she cannot do it in this lawsuit while the 3 stay is pending, but rather must file a separate lawsuit. Under these circumstances, the 4 court need not consider whether recusal is appropriate. 5 6 IT IS SO ORDERED. 7 Dated: April 27, 2016 8 9 __________________________________ PHYLLIS J. HAMILTON United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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