Microsoft Corporation v. A&S Electronics, Inc. et al

Filing 54

ORDER by Judge Yvonne Gonzalez Rogers denying 49 Motion to Dismiss Third Amended Complaint. (fs, COURT STAFF) (Filed on 4/28/2016)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MICROSOFT CORPORATION, Case No. 15-cv-03570-YGR Plaintiff, 9 v. ORDER DENYING MOTION TO DISMISS THIRD AMENDED COMPLAINT 10 11 A&S ELECTRONICS, INC., ET AL., Re: Dkt. No. 49 United States District Court Northern District of California Defendants. 12 13 Plaintiff Microsoft Corporation (“Microsoft”) brings this copyright and trademark case 14 against Defendants Alan Lin and A&S Electronics, Inc. (collectively, “A&S”), which resells 15 “used” Microsoft software online without Microsoft’s authorization. Microsoft filed its Third 16 Amended Complaint (“TAC”) against A&S on February 18, 2016. (Dkt. No. 45.) A&S moved to 17 dismiss the TAC on March 9, 2016. (Dkt. No. 49.) 18 Having carefully considered the papers submitted and the pleadings in this action, and for 19 the reasons stated on the record at the hearing on April 19, 2016, the Court DENIES the Motion to 20 Dismiss the TAC. 21 As discussed on the record, Microsoft has the burden of establishing the licensing 22 agreements alleged in the TAC, and this issue is central to the entire action. The Court has 23 directed the parties to conduct focused discovery on this issue alone, and for the parties to file 24 cross-motions for summary judgment on the issue of existence of the alleged licenses on the 25 following timetable: 26 A&S shall file its Motion for Summary Judgment on the license/sale issue by: 8/16/16; 27 Microsoft shall file its Opposition to A&S’s Motion and Cross-Motion for Summary 28 Judgment by: August 30, 2016; A&S shall file its Reply and Opposition to Microsoft’s Cross-Motion by: September 13, 1 2 2016; 3 Microsoft shall file its Reply on its motion by September 27, 2016. 4 The hearing on the cross-motions is SET for October 18, 2016, at 2:00pm. In Courtroom 1, 5 Federal Courthouse, 1301 Clay Street, Oakland, California. 6 This terminates Docket No. 49. 7 IT IS SO ORDERED. 8 9 10 Dated: April 28, 2016 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 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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