ASUS Computer International et al v. InterDigital, Inc. et al

Filing 86

ORDER REQUESTING SUPPLEMENTAL BRIEFING ON 37 DEFENDANTS' MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS FOR LACK OF SUBJECT MATTER JURISDICTION, OR IN THE ALTERNATIVE, STAY PROCEEDINGS PENDING ARBITRATION. Signed by Judge Beth Labson Freeman on 8/12/2015. (blflc3S, COURT STAFF) (Filed on 8/12/2015)

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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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ASUS COMPUTER INTERNATIONAL, et
al.,
Plaintiffs,

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v.
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INTERDIGITAL, INC., et al.,
Defendants.

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United States District Court
Northern District of California

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Case No. 15-cv-01716-BLF
ORDER REQUESTING
SUPPLEMENTAL BRIEFING ON
DEFENDANTS’ MOTION TO COMPEL
ARBITRATION AND DISMISS CLAIMS
FOR LACK OF SUBJECT MATTER
JURISDICTION, OR IN THE
ALTERNATIVE, STAY PROCEEDINGS
PENDING ARBITRATION

This order concerns Defendants’ pending motion to compel arbitration and dismiss claims

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for lack of subject matter jurisdiction, or in the alternative, stay proceedings pending arbitration.

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See ECF No. 37. In their briefing on the motion and at oral argument, the parties agreed that

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Delaware state law governs the threshold question of whether the Court or arbitrator decides

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arbitrability.

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On August 11, 2015, the Ninth Circuit issued a decision in Brennan v. Opus Bank, --- F.3d

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---, 2015 WL 4731378 (9th Cir. 2015). Contrary to the parties’ arguments, this Ninth Circuit

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decision appears to hold that federal law should govern the question of whether the parties clearly

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and unmistakably agreed to have an arbitrator decide the threshold question of arbitrability.

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Accordingly, each side is requested to file a supplemental letter brief of no more than two

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pages, double spaced, addressing the impact of Brennan on the Court’s determination of whether

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the parties clearly and unmistakably agreed that non-federal law applies to determine arbitrability.

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The parties shall submit the supplemental letter briefs, on or before August 17, 2015. There will

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be no replies to these submissions.

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IT IS SO ORDERED.
Dated: August 12, 2015
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BETH LABSON FREEMAN
United States District Judge