Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al

Filing 303

ORDER re 302 Signed by Judge Paul S. Grewal on August 27, 2015 (psglc2S, COURT STAFF) (Filed on 8/27/2015)

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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

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SAN JOSE DIVISION

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CORNING OPTICAL COMMUNICATIONS
WIRELESS LTD.,
Plaintiff,

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v.
SOLID, INC. et al.,

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Defendants.

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Case No. 5:14-cv-03750-PSG
ORDER
(Re: Docket No. 302)

Earlier today, the court held a hearing with Plaintiff Corning Optical Communications
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Wireless Ltd. and Defendants SOLiD, Inc. and Reach Holdings LLC. The hearing addressed a
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recent declaration from Barry Bruce concerning the accuracy of certain statements and evidence
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Defendants made and submitted in connection with their motion for summary judgment. Having
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considered the parties’ arguments, the court now rules as follows:
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The court DENIES Defendants’ motion for summary judgment of non-infringement of U.S.
Patent No. 5,969,837. 1 In light of the inconsistencies in the record created by the recent
Bruce declaration, 2 the court is persuaded that triable issues of fact persist as to this discrete
issue. An order on the remaining issues presented in the summary judgment motion will
follow.

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Defendants shall produce to Corning all documents in Defendants’ possession related to the
four installations that Defendants identified at today’s hearing, namely the projects at the
Sioux Falls Convention Center, Reading Hospital, the Minneapolis Convention Center and
Kaiser Sunnyside.

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See Docket No. 258-4.

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See Docket No. 296-5.
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Case No. 5:14-cv-03750-PSG
ORDER