Cellspin Soft, Inc. v. Panasonic Corporation of North America

Filing 116

ORDER TO SHOW CAUSE. Show Cause Response due by 1/20/2023. Signed by Judge Yvonne Gonzalez Rogers on 1/13/2023. (amg, COURT STAFF) (Filed on 1/13/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CELLSPIN SOFT, INC.,
CASE NO. 17-cv-05941-YGR

Plaintiff,
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vs.
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United States District Court
Northern District of California

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ORDER TO SHOW CAUSE

PANASONIC CORPORATION OF NORTH
AMERICA,
Defendants.
TO PLAINTIFF CELLSPIN SOFT, INC. AND PLAINTIFF’S COUNSEL OF RECORD:
You are HEREBY ORDERED TO SHOW CAUSE in writing by no later than January 20,
2023 why this case should not be dismissed with prejudice and dismiss defendant’s declaratory

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judgment counterclaims as moot without prejudice.
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On July 19, 2022, the Court administratively closed the above-captioned action and
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directed the parties to advise whether the case should be terminated upon the resolution of any
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rehearing and appeals regarding United States Patent No. 9,258,698 (“the ’698”).
On January 9, 2023, defendant Panasonic Corporation of North America (“Panasonic”)

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filed a notice informing the Court that the United States Court of Appeals for the Federal Circuit
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affirmed the ruling of the United States Patent and Trademark Office that the asserted claims of
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the ’698 are invalid as obvious under 35 U.S.C. § 103. Panasonic avers that it requested that
plaintiff’s counsel notify the Court of this development and sought a stipulation. Plaintiff has not.

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Failure to timely respond to this order to show cause will be construed as a concession that
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the order to show cause should be granted sua sponte.
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IT IS SO ORDERED.

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Dated: January 13, 2023
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE