Elan Microelectronics Corporation v. Apple, Inc.

Filing 17

Opposition to Elan Microelectronics Corporation's Motion to Dismiss Apple Inc's Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6); For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) re 16 ; and (Proposed) Order filed by Apple, Inc. (Attachments: # 1 (Proposed) Order) (Reines, Edward) (Filed on 8/5/2009) Text modified on 8/6/2009 (bw, COURT STAFF).

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] EDWARD R. REINES (Bar No. 135960) [e-mail] SONAL N. MEHTA (Bar No. 222086) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaim Plaintiff, Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS [Proposed] ORDER DENYING ELAN MICROELECTRONICS CORPORATION'S MOTION TO DISMISS APPLE INC.'S THIRD, FOURTH AND FIFTH COUNTERCLAIMS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM, OR IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT UNDER RULE 12(e) Date: August 26, 2009 Time: 9:30 a.m. Courtroom: 4, 5th Floor Hon. Richard Seeborg Demand for Jury Trial

[Proposed] ORDER DENYING ELAN'S MOTION TO DISMISS

Case No. C-09-01531 RS

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The Elan Microelectronics Corporation's Motion To Dismiss Apple Inc.'s Third, Fourth And Fifth Counterclaims For Failure To State A Claim Pursuant To Federal Rule Of Civil Procedure 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under To Rule 12(e), came on for hearing before the Court. Based on the supporting and opposition papers and the argument of counsel, and good cause appearing therefore, that motion is hereby DENIED. IT IS SO ORDERED.

Dated: ___________, 2009

_______________________________________________ UNITED STATES MAGISTRATE JUDGE

[Proposed] ORDER DENYING ELAN'S MOTION TO DISMISS

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Case No. C-09-01531 RS