MedioStream, Inc. v. Microsoft Corporation et al

Filing 93

REQUEST FOR SUPPLEMENTAL BRIEFING. Signed by Judge Ronald M. Whyte on December 16, 2011. (rmwlc2, COURT STAFF) (Filed on 12/16/2011)

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1 2 3 E-FILED on 12/16/11 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 MEDIOSTREAM, INC., 13 14 15 16 17 No. C-11-03095 RMW Plaintiff, v. MICROSOFT CORPORATION; SONIC SOLUTIONS, LLC (f.k.a. SONIC SOLUTIONS, INC.); SONY CORPORATION; SONY CORPORATION OF AMERICA; JAMES TAYLOR; and DOES 1 THROUGH 10 inclusive, REQUEST FOR SUPPLEMENTAL BRIEFING Re Docket No. 70, 73, 74, 76 18 Defendants. 19 20 In considering defendants' motions to dismiss, the court has noted the following allegation 21 contained in the First Amended Complaint ("FAC"): "For example, Sonic continues to enter into 22 contracts with Sony, Microsoft, Apple and other [sic] to supply media platform technology that was 23 created and used by MedioStream, including MedioStream's unique VR format software ... 24 Defendants and each of them continue to use this and other MedioStream trade secrets to their 25 benefit and the detriment of MedioStream." Dkt. No. 66 (FAC) ¶ 82. None of the parties 26 specifically addressed this allegation in either the briefing or at oral argument. The court therefore 27 requests supplemental briefing on the impact of the allegation contained in paragraph 82 on the 28 motions to dismiss MedioStream's claims for the misappropriation of trade secrets. REQUEST FOR SUPPLEMENTAL BRIEFING—No. C-11-03095 RMW EDM 1 Any defendant who wishes to submit supplemental briefing on this issue must do so by 2 January 6, 2012. Defendants' briefs are limited to 10 pages in length. If MedioStream wishes to file 3 a reply brief, it must do so by January 13, 2012. Any reply brief is limited to 5 pages in length. 4 5 It is so ordered. 6 7 8 DATED: 12/16/11 RONALD M. WHYTE United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR SUPPLEMENTAL BRIEFING—No. C-11-03095 RMW EDM 2

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