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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICROSOFT CORPORATION,

Case No. 15-cv-03570-YGR

Plaintiff,
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v.

ORDER DENYING MOTION TO DISMISS
THIRD AMENDED COMPLAINT

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A&S ELECTRONICS, INC., ET AL.,

Re: Dkt. No. 49

United States District Court
Northern District of California

Defendants.
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Plaintiff Microsoft Corporation (“Microsoft”) brings this copyright and trademark case

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against Defendants Alan Lin and A&S Electronics, Inc. (collectively, “A&S”), which resells

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“used” Microsoft software online without Microsoft’s authorization. Microsoft filed its Third

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Amended Complaint (“TAC”) against A&S on February 18, 2016. (Dkt. No. 45.) A&S moved to

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dismiss the TAC on March 9, 2016. (Dkt. No. 49.)

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Having carefully considered the papers submitted and the pleadings in this action, and for

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the reasons stated on the record at the hearing on April 19, 2016, the Court DENIES the Motion to

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Dismiss the TAC.

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As discussed on the record, Microsoft has the burden of establishing the licensing

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agreements alleged in the TAC, and this issue is central to the entire action. The Court has

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directed the parties to conduct focused discovery on this issue alone, and for the parties to file

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cross-motions for summary judgment on the issue of existence of the alleged licenses on the

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following timetable:

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A&S shall file its Motion for Summary Judgment on the license/sale issue by: 8/16/16;

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Microsoft shall file its Opposition to A&S’s Motion and Cross-Motion for Summary

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Judgment by: August 30, 2016;

A&S shall file its Reply and Opposition to Microsoft’s Cross-Motion by: September 13,

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2016;

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Microsoft shall file its Reply on its motion by September 27, 2016.

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The hearing on the cross-motions is SET for October 18, 2016, at 2:00pm. In Courtroom 1,

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Federal Courthouse, 1301 Clay Street, Oakland, California.

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This terminates Docket No. 49.

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IT IS SO ORDERED.

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Dated: April 28, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

United States District Court
Northern District of California

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