Elan Microelectronics Corporation v. Apple, Inc.

Filing 337

ORDER PERMITTING ADDITIONAL BRIEFING AND CONTINUING HEARING. Motion Hearing set for 8/4/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 7/11/11. (cl, COURT STAFF) (Filed on 7/11/2011)

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*E-Filed 7/11/11* 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 11 For the Northern District of California United States District Court No. C 09-01531 RS ELAN MICROELECTRONICS CORPORATION, Plaintiff, v. 12 APPLE, INC., 13 Defendant. ____________________________________/ 10 14 15 ORDER PERMITTING ADDITIONAL BRIEFING AND CONTINUING HEARING Apple seeks leave to file an 11 page surreply in opposition to Elan’s motion for partial 16 summary judgment. Elan objects that the request is untimely, unwarranted, and excessive. In the 17 alternative, Elan requests permission to respond to the surreply. The parties are reminded that 18 effective advocacy often lies in distinguishing between that which is critical or important, and that 19 which is less so. Not every point perceived to be incorrect or irrelevant warrants a response. 20 Admittedly, however, it can be challenging for a party to anticipate with confidence what issues 21 may be of most concern to the court. Accordingly, despite significant skepticism that further 22 briefing will be of material assistance, Apple’s request is granted. Elan may file a response, not to 23 exceed 5 pages, no later than July 21, 2011. The hearing is continued to August 4, 2011 at 1:30 p.m. 24 IT IS SO ORDERED. 25 Dated: 7/11/11 26 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 27 28 1 NO. C 09‐01531 RS

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