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)

*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