Blue Spike, LLC v. Google Inc.

Filing 80

ORDER RE: REMAINING PATENT CLAIM. Signed by Judge Yvonne Gonzalez Rogers on 9/18/15. (fs, COURT STAFF) (Filed on 9/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BLUE SPIKE, LLC,

Case No. 14-cv-01650-YGR

Plaintiff,
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v.

ORDER RE: REMAINING PATENT CLAIM

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Re: Dkt. No. 77

GOOGLE INC.,
Defendant.

United States District Court
Northern District of California

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On September 8, 2015, the Court issued an order granting defendant’s motion for judgment

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on the pleadings, finding all patent claims at issue in the motion to be invalid (Dkt. No. 75), and

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issued an order to show cause as to why the sole remaining patent claim at issue in this case, but

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not raised in the motion, should not be held invalid on the same grounds (Dkt. No. 76). The

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parties “do not dispute that Claim 30 of U.S. Patent No. 8,712,728 would be held invalid under the

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Court’s reasoning as to the other asserted claims in its Order Granting Motion for Judgment on the

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Pleadings.” (Dkt. No. 77 at 1-2.) Thus, in the absence of any objection, the Court finds that claim

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invalid for the same reasons discussed in the September 8, 2015 Order at Docket Number 75. As

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all asserted claims have been held invalid, the Court directs defendant to file a proposed form of

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judgment, approved as to form by plaintiff, by no later than September 23, 2015.

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IT IS SO ORDERED.

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Dated: September 18, 2015

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE