Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 299

MOTION for Leave to File Counterdefendant Google Inc.'s Motion for Administrative Relief Seeking Leave to File a Non-Argumentative Statement of Recent Decision filed by Google Inc., Google Inc.. (Krishnan, Ajay) (Filed on 3/2/2007)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 299 Case 5:03-cv-05340-JF Document 299 Filed 03/02/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 AJAY S. KRISHNAN - #222476 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Plaintiff and Counter Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GOOGLE INC., a Delaware corporation, Plaintiff, v. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., and DOES 1100, inclusive, Defendants. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., Counter Plaintiff, v. GOOGLE INC., Counter Defendant Case No. C 03-5340-JF (EAI) COUNTERDEFENDANT GOOGLE INC.'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING LEAVE TO FILE A NONARGUMENTATIVE STATEMENT OF RECENT DECISION 1 390934.01 COUNTERDEFENDANT GOOGLE INC.'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING LEAVE TO FILE A NON-ARGUMENTATIVE STATEMENT OF RECENT DECISION CASE NO. C 03-5340-JF (EAI) Dockets.Justia.com Case 5:03-cv-05340-JF Document 299 Filed 03/02/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rule 7-11, Plaintiff and Counterdefendant Google Inc. moves the Court for leave to file a Statement of Recent Decision, which is submitted herewith. Google believes that a recent decision from the United States Court of Appeals for the First Circuit is relevant to Google's summary judgment motion, which is already under submission with the Court. See Docket Item No. 295. Civil Local Rule 7-3(d) prevents Google from bringing this case to the Court's attention without leave of Court. The Court should grant leave to file the Statement of Recent Decision for three reasons. First, the Statement of Recent Decision that Google seeks to file contains no legal argument. The prejudice to ABWF is therefore minimal. Second, Google believes that the recent decision is relevant to the trademark-use issue that is currently before the Court in the context of Google's summary judgment motion. ABWF disputes this point. The trademark-use issue is discussed on: Pages 6-14 of Google's opening brief in support of its summary judgment motion (Docket Item No. 234), Pages 13-20 of American Blind and Wallpaper Factory's opposition brief (Docket Item No. 263), and Pages 5-10 of Google's reply brief (Docket Item No. 275). In the interest of complying with the spirit of Civil Local Rule 7-3(d), Google refrains from presenting legal argument either here or in the Statement of Recent Decision as to why the case is relevant to the trademark-use issue. Of course, the Court need not decide whether the case is in fact relevant to the trademark-use issue in order to grant leave to file the Statement of Recent Decision. Third, Google was not able to bring this case to the Court's attention at a prior proceeding or in a prior filing. This Court's hearing on Google's summary judgment motion took place on February 16, 2007. The First Circuit issued its decision on February 23, 2007. This motion is supported by the Declaration of Ajay S. Krishnan in Support of Counterdefendant Google Inc.'s Motion for Administrative Relief Seeking Leave to File a NonArgumentative Statement of Recent Decision, filed herewith. /// 2 COUNTERDEFENDANT GOOGLE INC.'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING LEAVE TO FILE A NON-ARGUMENTATIVE STATEMENT OF RECENT DECISION CASE NO. C 03-5340-JF (EAI) 390934.01 Case 5:03-cv-05340-JF Document 299 Filed 03/02/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Google respectfully requests that the Court grant leave to file the Statement of Recent Decision. Dated: March 2, 2007 By: KEKER & VAN NEST, LLP /s/ Ajay S. Krishnan AJAY S. KRISHNAN Attorneys for Plaintiff and Counter Defendant GOOGLE INC. 3 390934.01 COUNTERDEFENDANT GOOGLE INC.'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING LEAVE TO FILE A NON-ARGUMENTATIVE STATEMENT OF RECENT DECISION CASE NO. C 03-5340-JF (EAI)

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