PersonalWeb Technologies LLC v. Google, Inc. et al

Filing 270

ORDER TO SHOW CAUSE. On or before 12:00 p.m. on 2/27/2014, Defendants shall file a response, not exceeding 5 pages. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 2/26/2014. (ejdlc1S, COURT STAFF) (Filed on 2/26/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:13-cv-01317 EJD

PERSONALWEB TECHNOLOGIES, LLC,

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ORDER TO SHOW CAUSE
Plaintiff(s),

For the Northern District of California

United States District Court

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v.
GOOGLE INC., et. al.,

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Defendant(s).
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In this patent infringement action, Defendants Google Inc. and YouTube, LLC

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(“Defendants”) filed an early motion for summary judgment of non-infringement on November 15,

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2013. See Docket Item No. 218. Thereafter, Plaintiff PersonalWeb Technologies, LLC (“Plaintiff”)

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was granted leave to amend its infringement contentions in part as well as leave to amend its

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complaint. See Docket Item Nos. 250, 259. Pursuant to the court’s orders, Plaintiff filed a Second

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Amended Complaint on February 7, 2014, and should have served amended infringement

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contentions on or about January 24, 2014. See Docket Item No. 261.

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Under these circumstances, the court believes that, for the sake of a clear record, Defendants’

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Motion for Summary Judgment filed prior to an amended complaint and amended infringement

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contentions should be terminated without prejudice so that Defendants may file a new motion taking

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into account Plaintiff’s amended pleadings. That being said, however, the court seeks Defendants’

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position on this matter prior to taking action.

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Accordingly, the court issues this order to show cause why the Motion for Summary
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CASE NO. 5:13-cv-01317 EJD
ORDER TO SHOW CAUSE

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Judgment should be terminated without prejudice. On or before 12:00 p.m. on February 27, 2014,

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Defendants shall file a response, not exceeding 5 pages, detailing its position on this matter. No

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hearing will be held on the order to show cause unless otherwise ordered by the court

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IT IS SO ORDERED.

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Dated: February 26, 2014
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:13-cv-01317 EJD
ORDER TO SHOW CAUSE