RPost Holdings Inc et al v. Trend Micro Incorporated

Filing 38

ORDER instructing Defendant to file Motion to Relate. Signed by Judge Beth Labson Freeman on 7/10/2014. (blflc3S, COURT STAFF) (Filed on 7/10/2014)

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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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RPOST HOLDINGS, INC., et al.,

Case No. 14-cv-02824-BLF

Plaintiffs,
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v.
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TREND MICRO INCORPORATED,
Defendant.

ORDER INSTRUCTING DEFENDANT
TO FILE MOTION TO CONSIDER
WHETHER CASES SHOULD BE
RELATED

United States District Court
Northern District of California

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On May 16, 2014, the Honorable Rodney Gilstrap, United States District Judge for the

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Eastern District of Texas, ordered that the above-captioned case be transferred to this district.

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(ECF 29) The case was transferred on June 18, 2014, (ECF 30), and, after a party declined to

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proceed before a Magistrate Judge, (ECF 33), the case was reassigned to the undersigned judge.

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Judge Gilstrap transferred this case to this district because Trend Micro, Inc. had filed a

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declaratory judgment action in the Northern District of California on November 11, 2013, which

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pre-dated the filing of the above-captioned action in the Eastern District of Texas. Judge Gilstrap

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found that the above-captioned case was “substantially similar” to the declaratory judgment

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action, Case No. 13-cv-05227-VC (N.D. Cal. 2013), and, consistent with the “first-to-file” rule,

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see Genentech v. Eli Lilly & Co., 998 F.2d 931, 938 (Fed. Cir. 2008), ordered the case transferred.

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Consistent with the rationale for transferring the above-captioned case to this district, the

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Court hereby instructs Defendant to file a Motion to Consider Whether Cases Should Be Related

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in Trend Micro Inc. v. RPost Holdings, Inc., Case No. 13-cv-05227-VC, within the next fourteen

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(14) days, no later than July 24, 2014.

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IT IS SO ORDERED.
Dated: July 10, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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