Sony Electronics Inc, et al v. Guardian Media Tech

Filing 79

ORDER setting briefing schedule following remand and consolidating newly filed complaint. Case consolidated with 07cv1613-B(AJB). Hearing for 74 Dft's Motion to Dismiss is set for 10/17/07 at 9:00AM. Responses due by 10/3/2007. Replies due by 10/10/2007.Signed by Judge Rudi M. Brewster on 9/20/07. (vrp)

Sony Electronics Inc, et al v. Guardian Media Tech

Doc. 79

Case 3:05-cv-01777-B-AJB

Document 79

Filed 09/21/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATSUSHITA ELECTRONIC INDUSTRIAL CO., LTD., et al. Plaintiffs, vs. GUARDIAN MEDIA TECHNOLOGIES, LTD., Defendant. THOMSON, INC., vs. GUARDIAN MEDIA TECHNOLOGIES, LTD., CIV. NO. 05-CV-1786-B (AJB) SONY ELECTRONICS, INC., vs. GUARDIAN MEDIA TECHNOLOGIES, LTD., _ Plaintiff, CIV. NO. 05-CV-1777-B (AJB) ORDER SETTING BRIEFING SCHEDULE FOLLOWING REMAND AND CONSOLIDATING NEWLYFILED COMPLAINT CIV. NO. 05-CV-1780-B (AJB)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendant.

MITSUBISHI DIGITAL ELECTRONICS AMERICA, INC., Plaintiff, vs. GUARDIAN MEDIA TECHNOLOGIES, LTD., Defendant.

Plaintiff,

CIV. NO. 07-CV-1613-B (AJB)

Defendant.
-105-CV-1777

Dockets.Justia.com

Case 3:05-cv-01777-B-AJB

Document 79

Filed 09/21/2007

Page 2 of 2

1

On September 17, 2007, the Court spread the mandate of the Federal Circuit Court of

2 Appeals vacating this Court's March 16, 2006 Order of dismissal and remanding these 3 consolidated patent cases for reconsideration of whether to exercise discretion to entertain 4 Plaintiffs' declaratory relief suits. Sony Elec., Inc. v. Guardian Media Tech., Ltd., No. 20065 1363, 2007 WL 2215762 (Fed. Cir. Aug. 3, 2007). 6 Plaintiff Thomson did not join the appeal of the Court's March 16, 2006 Order;

7 however, it did file a new declaratory relief action on August 14, 2007. Defendant Guardian 8 filed a notice of related case. After the hearing, the Court signed a low-number transfer 9 order. The Court, on its own motion, orders the Clerk to consolidate 07-cv-1613 with 05-cv10 1777. 11 As the Court explained at the hearing, the Court will hear Defendant Guardian's re-

12 newed motion to dismiss for lack of subject matter jurisdiction on Wednesday, October 17, 13 2007 at 9:00 a.m. Defendant Guardian filed the motion to dismiss, and in the alternative 14 moves to transfer, pursuant to 28 U.S.C. § 1404(a), the consolidated cases to the Central 15 District of California, where Guardian has filed a patent infringement case on the instant 16 patents against another manufacturer. Plaintiffs shall file their opposition briefs on or before 17 October 3, 2007, and any reply brief shall be filed on or before October 10, 2007. 18 Plaintiffs have indicated that they will file a motion to stay the cases pending the

19 completion of the re-examination process by the Patent and Trademark Office. This motion 20 shall be heard at a later time in the event Defendant's motion to dismiss and transfer are 21 denied. 22 IT IS SO ORDERED.

23 DATED: September 20, 2007 24 25 26 27 28
cc: All Parties Magistrate Judge Battaglia

Hon. Rudi M. Brewster United States Senior District Judge

-2-

05-CV-1777