Cellspin Soft, Inc. v. Fitbit, Inc.

Filing 23

ORDER DIRECTING PARTIES TO FILE OMNIBUS BRIEFS. Signed by Judge Yvonne Gonzalez Rogers on 12/22/17. (fs, COURT STAFF) (Filed on 12/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CELLSPIN SOFT, INC.,
PLAINTIFF,

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ORDER DIRECTING PARTIES
TO FILE OMNIBUS BRIEFS
CASE NO. 17-cv-05928-YGR

V.

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FITBIT, INC.,

United States District Court
Northern District of California

DEFENDANT.
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CELLSPIN SOFT, INC.,
PLAINTIFF,

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CASE NO. 17-cv-05929-YGR

V.

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MOOV, INC.,
DEFENDANT.

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CELLSPIN SOFT, INC.,
PLAINTIFF,

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V.

NIKE, INC.,
DEFENDANT.

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CELLSPIN SOFT, INC.,
PLAINTIFF,

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CASE NO. 17-cv-05931-YGR

CASE NO. 17-cv-05933-YGR
V.

FOSSIL GROUP, INC.,
DEFENDANT.

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CELLSPIN SOFT, INC.,

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PLAINTIFF,

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V.

CASE NO. 17-cv-05937-YGR

TOMTOM, INC. ET AL.,

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DEFENDANT.

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CELLSPIN SOFT, INC.,

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PLAINTIFF,

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V.

GOPRO, INC.,

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United States District Court
Northern District of California

CASE NO. 17-cv-05939-YGR

DEFENDANT.

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CELLSPIN SOFT, INC.,

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PLAINTIFF,

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V.

CASE NO. 17-cv-5941-YGR
PANASONIC CORPORATION OF NORTH
AMERICA,
DEFENDANT.

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CELLSPIN SOFT, INC.,
PLAINTIFF,

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V.

CASE NO. 17-cv-5930-YGR

ADIDAS AMERICA, INC.
DEFENDANT.

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CELLSPIN SOFT, INC.,

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PLAINTIFF,

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CASE NO. 17-cv-06881-YGR
V.

JK IMAGINING LTD.
DEFENDANT.

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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The above-captioned matters are related cases in which defendant has filed, or may file, a

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motion to dismiss based on the Supreme Court’s holding in Alice Corp. Pty. Ltd. v. CLS Bank

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Int’l, 213 S.Ct. 2348 (2014). Accordingly, all pending motions to dismiss are DENIED WITHOUT

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PREJUDICE to refile in compliance with this order.

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Defendants shall file one omnibus motion to dismiss not to exceed twenty five pages by

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January 16, 2018. Each defendant shall be permitted to supplement the motion with five

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additional pages if issues exist which are specific to that defendant’s individual case.

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Plaintiff shall file one consolidated opposition by January 30, 2018.
Defendants shall file one omnibus reply not to exceed fifteen pages by February 13,

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United States District Court
Northern District of California

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2018. Each defendant shall be permitted to supplement the reply with two additional pages if

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issues exist which are specific to that defendant’s individual case.

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With regard to those cases for which defendant’s reply is not yet due, namely Cellspin

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Cellspin Soft, Inc. v. Adidas America, Inc., 17-cv-5930-YGR and Cellspin Soft, Inc. v. JK

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Imagining Ltd, 17-cv-06881-YGR, defendant shall file notice with the Court indicating whether

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defendant intends to join the consolidated motion to dismiss based on the Supreme Court’s

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holding in Alice Corp.

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A hearing on defendants’ omnibus motion to dismiss shall be held on Tuesday, March 6,

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2018, at 2:00 p.m., at the United States District Court for the Northern District of California,

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Ronald V. Dellums Federal Building, Oakland, in Courtroom 1, 4th Floor.

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IT IS SO ORDERED.

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Dated: December 22, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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