Avocet Sports Technology, Inc, et al-v-Amer Soirts Corporation, et al

Filing 143

Judicial Referral for Purpose of Determining Relationship of Cases. Signed by Judge Lucy H. Koh on 2/7/2012. (lhklc2, COURT STAFF) (Filed on 2/7/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11
12
13

AVOCET SPORTS TECHNOLOGY, INC.,
Plaintiff,
v.
GARMIN INTERNATIONAL, INC., et al.,

14

Defendants.

15
16
17

)
)
)
)
)
)
)
)
)
)
)

Case No.: 11-CV-04049-LHK
ORDER REFERRING MATTER FOR
RELATED CASE DETERMINATION

Pursuant to Civil Local Rule 3-12(c), the above captioned matter is hereby referred to the

18

Honorable James Ware for a determination as to whether it is related to: Avocet Sports Technology,

19

Inc. v. Amer Sports Corp., et al., 08-CV-04264-JW. In both this case (11-CV-04049-LHK) and the

20

first filed case assigned to Judge Ware (08-CV-04264-JW), Plaintiff Avocet Sports Technology

21

Inc. claims that Defendants infringe United States Patent Number 5,058,427 (“the ’427 Patent”).

22

In the first filed case, Judge Ware previously construed a term from the ’427 Patent. See First

23

Claim Construction Order, Case Number 08-CV-04264-JW, Doc. No. 52. Additionally,

24

Defendants in this case have raised a laches defense, and Plaintiffs have indicated that the same

25

defense was raised by the Defendants in the first filed case before Judge Ware.

26

IT IS SO ORDERED.

27

Dated: February 7, 2012

_________________________________
LUCY H. KOH
United States District Judge

28
1

Case No.: 11-CV-04049-LHK
ORDER REFERRING MATTER FOR RELATED CASE DETERMINATION