Hewlett Packard Company v. ServiceNow, Inc.

Filing 69

ORDER GRANTING 66 DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE ADDITIONAL MOTION FOR SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 11/26/2014. (blflc1, COURT STAFF) (Filed on 11/26/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 HEWLETT PACKARD COMPANY, Case No. 14-cv-00570-BLF Plaintiff, 10 v. United States District Court Northern District of California 11 12 SERVICENOW, INC., Defendant. ORDER GRANTING DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE ADDITIONAL MOTION FOR SUMMARY JUDGMENT [Re: ECF 66] 13 14 15 The Court has received Defendant’s administrative motion for leave to file an additional 16 motion for summary judgment beyond the one motion for summary judgment per party permitted 17 by the Court’s Standing Order Re Civil Cases. Defendant seeks leave to file a motion for 18 summary judgment of invalidity under 35 U.S.C. § 101 with respect to four patents-in-suit while 19 reserving its right to file a future motion for summary judgment with respect to other issues in this 20 case, if appropriate. Plaintiff opposes Defendant’s administrative motion and requests that in the 21 event the administrative motion is granted, Defendant be precluded from filing any future requests 22 for claim construction or summary judgment with respect to the four patents that are the subject of 23 the § 101 motion. 24 Defendant’s administrative motion for leave to file an additional motion for summary 25 judgment is GRANTED. Plaintiff’s requests to limit Defendant’s future filings are DENIED. 26 While Defendant of course will be precluded from filing a future motion rearguing invalidity 27 under § 101 with respect to the four patents in question, Defendant will not be precluded from 28 seeking any other appropriate relief in this case. 1 2 3 After reviewing the briefing on the motion for summary judgment, the Court may schedule a tutorial prior to or in conjunction with the hearing on the motion. IT IS SO ORDERED. 4 5 6 7 Dated: November 26, 2014 ______________________________________ BETH LABSON FREEMAN United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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