PersonalWeb Technologies LLC et al v. EMC Corporation et al

Filing 74

ORDER granting 71 Motion to Amend/Correct; denying 73 Motion for Leave to File without prejudice. Defendant EMC is instructed to meet and confer with Defendants Facebook and Google/YouTube pursuant to this Court's October 10, 2019 Order. Signed by Judge Edward J. Davila on October 15, 2019. (ejdlc2S, COURT STAFF) (Filed on 10/15/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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PERSONALWEB TECHNOLOGIES LLC,
et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.
EMC CORPORATION, et al.,
Defendants.

ORDER GRANTING DEFENDANTS’
MOTION FOR LEAVE TO AMEND
INVALIDITY CONTENTIONS;
DENYING DEFENDANTS’ MOTION
FOR LEAVE TO FILE
SUPPLEMENTAL CLAIM
CONSTRUCTION BRIEFING
Re: Dkt. Nos. 71, 73

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Case No. 5:13-cv-01358-EJD

On October 4, 2019, Defendants moved for leave to amend its invalidity contentions. Dkt.

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71. Pursuant to Local Patent Rule 3-6, this Court may grant leave to amend upon a showing of

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“good cause.” The Court concludes good cause has been shown because: (1) Defendants were not

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required to raise a Section 101 defense when this case was originally brought in Texas; (2) other

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courts have held that the Alice decision provides good cause for amendment, see Mortg. Grader,

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Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1322 (Fed. Cir. 2016); and (3) no unfair

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prejudice to Plaintiff would result. See Dkt. 71 at ECF 3–5. Accordingly, Defendants’ motion for

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leave to amend its invalidity contentions is GRANTED. Defendants, however, are instructed to

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file joint briefing with Defendants Facebook and Google/YouTube (who are subject to similar

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PersonalWeb actions) pursuant to this Court’s October 10, 2019 order. The parties were

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instructed to file a status report as to all three of the cases. The motion is tentatively set to be

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heard on December 19, 2019.

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On October 11, 2019, Defendants filed a motion for leave to file supplemental claim
Case No.: 5:13-cv-01358-EJD
ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO AMEND INVALIDITY
CONTENTIONS; DENYING DEFENDANTS’ MOTION FOR LEAVE TO FILE
SUPPLEMENTAL CLAIM CONSTRUCTION BRIEFING
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construction briefing. Dkt. 73. Because the Alice ruling could moot Defendants’ claim

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construction argument, the Court dismisses the motion for leave to file supplemental claim

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construction briefing without prejudice and instructs Defendants to re-file the motion (if

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necessary) after the Court rules on the Alice issue.

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IT IS SO ORDERED.
Dated: October 15, 2019
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:13-cv-01358-EJD
ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO AMEND INVALIDITY
CONTENTIONS; DENYING DEFENDANTS’ MOTION FOR LEAVE TO FILE
SUPPLEMENTAL CLAIM CONSTRUCTION BRIEFING
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