Intel Corporation v. American Guarantee and Liability Insurance Company

Filing 220

ORDER BY JUDGE JEREMY FOGEL 206 REQUESTING FURTHER BRIEFING. Signed by Judge JEREMY FOGEL on 08/09/2010. (jflc1, COURT STAFF) (Filed on 8/10/2010)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 **E-Filed 8/10/10** INTEL CORPORATION, A DELAWARE CORPORATION, Plaintiff, v. Case No. 09-299-JF (PVT) ORDER1 REQUESTING FURTHER BRIEFING [re: document no. 206] AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, A NEW YORK CORPORATION Defendant. MARKEL AMERICAN INSURANCE COMPANY, a Virginia Corporation, Counterclaimant, v. INTEL CORPORATION, a Delaware Corporation, and AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, a New York Corporation, Counterclaim Defendants. In light of the recent decision of the Delaware Superior Court in American Guarantee & This disposition is not designated for publication in the official reports. C a s e No. 09-299-JF (PVT) O R D E R REQUESTING SUPPLEMENTAL BRIEFING ( JF E X 1 ) 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 Liability Insurance Company v. Intel Corporation, et al., Civil Action No. 09C-01-170-JOH (Del. Super. Ct. July 29, 2010), the Court hereby requests that the parties submit letter briefing addressing whether this Court should revisit its ruling on Intel's motion for partial summary judgment and, if so, what the appropriate disposition should be. Judge Herlihy's decision relies significantly upon an argument not presented to this Court, i.e., that "Condition H" of the AGLI Policy, entitled "When Damages are Payable," pertains only to indemnity and not to defense costs. The parties' letter briefs, which shall not exceed five (5) pages in length, shall be filed on or before August 16, 2010. IT IS SO ORDERED. DATED: 8/9/ 2010 JEREMY FOGEL United States District Judge 2 C a se No. 09-299-JF (PVT) O R D E R REQUESTING SUPPLEMENTAL BRIEFING ( JF E X 1 )

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