Cogent Medicine Inc. v. Elsevier Inc

Filing 36

ORDER re Continuing Hearing Date on Motion to Dismiss. Signed by Judge Ronald M. Whyte on 3/25/14. (rmwlc1S, COURT STAFF) (Filed on 3/25/2014)

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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

SAN JOSE DIVISION
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COGENT MEDICINE, INC.,
Plaintiff,

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ORDER RE CONTINUING HEARING
DATE ON ELSEVIER’S MOTION TO
DISMISS

v.
ELSEVIER INC.,

[Re: Docket No. 17]
Defendant.

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Case No. C-13-4479-RMW

COGENT MEDICINE, INC.,
Plaintiff,

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v.

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JOHN WILEY & SONS, INC. AND JOHN
WILEY & SONS LTD.,

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Defendants.

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COGENT MEDICINE, INC.,
Plaintiff,

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v.

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PHYSICIANS INTERACTIVE HOLDINGS,
INC., PHYSICIANS INTERACTIVE, INC.,
AND SKYSCAPE.COM, INC.,

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Defendants.
ORDER RE MTD HEARING
Case No. C-13-4479-RMW
RDS

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The court is strongly inclined to continue the hearing on Defendant Elsevier, Inc.’s motion to
dismiss the complaint because the asserted patent is invalid for failure to claim patentable subject

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matter until after the Supreme Court rules in CLS Bank. The parties should be prepared to argue

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why the hearing should not be continued if that is their position. The court’s tentative ruling is that

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the hearing be continued to July 18, 2014. Within 7 days of the Supreme Court issuing its order in

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CLS Bank, the parties may each file a five page brief addressing how the decision affects the

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pending motion to dismiss. Depending on the date of the Supreme Court’s decision, this court may

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adjust the hearing date on the motion to dismiss to efficiently resolve the motion. This order does

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United States District Court
For the Northern District of California

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not affect the case management conference scheduled for Friday, March 28, 2014, nor is the court

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inclined to stay the case.

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Dated: March 25, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER RE MTD HEARING
Case No. C-13-4479-RMW
RDS

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