Brocade Communications Systems, Inc. et al v. A10 Networks, Inc. et al

Filing 317

ORDER Striking Motion for Summary Judgment by Judge Lucy H. Koh finding as moot 300 Administrative Motion to File Under Seal; finding as moot 314 Motion for Extension of Time to File Response/Reply (lhklc2, COURT STAFF) (Filed on 11/14/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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BROCADE COMMUNICATIONS SYSTEMS,
INC., a Delaware corporation, and FOUNDRY
NETWORKS, LLC, a Delaware limited liability
company,
Plaintiffs,
v.
A10 NETWORKS, INC., a California
corporation, LEE CHEN, an individual,
RAJKUMAR JALAN, an individual, RON
SZETO, an individual, LIANG HAN, an
individual, STEVEN HWANG, an individual,
and DAVID CHEUNG, an individual,
Defendants.

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Case No.: 10-CV-03428-LHK

SECOND ORDER STRIKING
PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT ON
INFRINGEMENT

Plaintiffs Brocade Communications Systems, Inc., and Foundry Networks LLC

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(“Brocade”) lodged with the Court a motion for summary judgment on infringement on November

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8, 2011, in violation of two Court Orders. On October 18, 2011, the Court struck Brocade’s first

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motion for summary judgment on infringement, which was 72 pages long, and ordered Brocade to

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file one motion for summary judgment on infringement not to exceed 25 pages. ECF No. 252.

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Moreover, the case management schedule required motions for summary judgment on infringement

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to be filed by October 11, 2011. ECF No. 101.

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Case No.: 10-CV-03428-LHK
SECOND ORDER STRIKING MOTION FOR SUMMARY JUDGMENT ON INFRINGEMENT

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The Court strikes Brocade’s motion for summary judgment on infringement because

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Brocade has failed to comply with two of this Court’s Orders.1 The parties are now on notice that

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failure to comply with this Court Order, or the October 18, 2011 Order may result in sanctions for

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the offending party.

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IT IS SO ORDERED.

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Dated: November 14, 2011

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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A10’s motion seeking leave to enlarge time to reply to the motion for summary judgment, and
Brocade’s motion to file under seal are therefore denied as moot. See ECF Nos. 300 & 314.
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Case No.: 10-CV-03428-LHK
SECOND ORDER STRIKING MOTION FOR SUMMARY JUDGMENT ON INFRINGEMENT