Semiconductor Equipment and Materials International, Inc. v. The Peer Group, Inc.

Filing 30

ORDER re 29 Statement of Non-Opposition, filed by PEER Intellectual Property Inc., The Peer Group, Inc. The hearing set 6/9/15 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 5/14/15. (fs, COURT STAFF) (Filed on 5/14/2015)

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J. DAVID HADDEN (CSB No. 176148)
[e-mail]
JENNIFER L. KELLY (CSB No. 193416)
[e-mail]
CIARA MITTAN (CSB No. 293308)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
RYAN TYZ (CSB 234895)
[e-mail]
TYZLAW
28 2nd Street
Floor 3, #3119
San Francisco, CA 94105
Telephone:
415.513.0765
Attorneys for Defendants
THE PEER GROUP INC. and PEER
INTELLECTUAL PROPERTY INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SEMICONDUCTOR EQUIPMENT AND
MATERIALS INTERNATIONAL, a California
Corporation,

Case No.: 15-cv-00866
[PROPOSED] ORDER

Plaintiff,
v.
THE PEER GROUP INC., an Ontario, Canada
Corporation, and PEER INTELLECTUAL
PROPERTY INC., an Ontario, Canada
Corporation,
Defendants.

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PROPOSED ORDER

Case No.: 15-cv-00866

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Having considered Plaintiff Semiconductor Equipment and Materials International’s

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(SEMI) motion to strike Defendants’ defenses (Document No. 27), and Defendants’ statement of

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nonopposition, request for leave to amend, and request to vacate the hearing, it is hereby

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ORDERED that:

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(1)

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Defendants’ first defense – failure to state a claim – is stricken without leave to
amend;

(2)

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Defendants’ second defense – lack of subject matter jurisdiction – is stricken with
leave to amend;

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(3)

Defendants’ third defense – licensee estoppel – is stricken with leave to amend;

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(4)

The hearing set for June 9, 2015 is vacated; and

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(5)

Defendants are granted leave to amended their answer, which shall be filed and

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served within (14) days of the date of this Order.
IT IS SO ORDERED.

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Dated: May 13 , 2015
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The Honorable Yvonne Gonzalez Rogers
United States District Court Judge

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PROPOSED ORDER

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Case No.: 15-cv-00866