Syscan, Inc. v. Plustek, Inc. et al

Filing 86

ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON MOTIONS FORPARTIAL SUMMARY JUDGMENT. The parties shall meet and confer to agree on abriefing schedule and file the appropriate Stipulation for the Courts approval on or before 10/5/2009. Motion Hearing set for 12/14/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose.Please see Order for further specifics. Signed by Judge James Ware on 9/28/2009. (ecg, COURT STAFF) (Filed on 9/29/2009)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Syscan, Inc., v. Plaintiff, NO. C 07-01603 JW ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT /

United United States District Court

11
For the Northern District of California

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Plustek, Inc., et al., Defendants.

On September 28, 2009, the Court conducted a Case Management Conference. Counsel for the respective parties were present. In light of the discussion at the Conference, the Court orders as follows: (1) The parties are permitted to file cross-motions for partial summary judgment on the following issues: (i) The scope of the license agreement; in particular, whether Defendants' obligation to pay a royalty under the license depends upon non-use by Defendants' products of the patents recited in the license agreement. (ii) Whether Defendants' products use the patents subject to the license agreement, including a statement as to which claims are relevant and a proposed construction of the relevant claims.

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(2)

On December 14, 2009 at 9 a.m., the Court will conduct a hearing on the motions for partial summary judgment. The parties shall meet and confer to agree on a briefing schedule and file the appropriate Stipulation for the Court's approval on or before October 5, 2009.

Dated: September 28, 2009

JAMES WARE United States District Judge

United States District Court

11
For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Sang Ngoc Dang [e-mail] Vy Hoang Vu [e-mail] Yung-Ming Chou [e-mail]

Dated: September 28, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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