BIAX Corporation v. NVIDIA Corporation et al

Filing 868

ORDER. NVIDIA's 666 , 669 Motion for Leave to File a Further Summary Judgment Motion and 685 , 688 Amended Notice of Motion for Leave to File a Further Summary Judgment Motion are granted. NVIDIA may file a motion for summary judgment on or before 11/2/2011, such motion not to exceed twenty pages. By Judge Philip A. Brimmer on 10/18/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 09-cv-01257-PAB-MEH
BIAX CORPORATION,
Plaintiff,
v.
NVIDIA CORPORATION,
SONY COMPUTER ENTERTAINMENT AMERICA, INC., and
SONY ELECTRONICS, INC.,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the Motion for Leave to File a Further
Summary Judgment Motion [Docket Nos. 666, 669] and Amended Notice of Motion for
Leave to File a Further Summary Judgment Motion [Docket Nos. 685, 688] filed by
defendant NVIDIA Corporation.
The Court’s Practice Standards impose a twenty-page limitation on summary
judgment motions. See Practice Standards (Civil cases), Judge Philip A. Brimmer
§ III.F.3.a. On August 6, 2010, NVIDIA requested leave to file a twenty-five page
motion for summary judgment on its defenses of invalidity and unenforceability based
on inequitable conduct in this patent infringement action. See Docket No. 323. NVIDIA
filed its proposed twenty-five page motion that same day. See Docket Nos. 326, 330.
The Court granted NVIDIA leave to file the excess pages, see Docket No. 332, and
denied NVIDIA’s motion for summary judgment. See Docket No. 663.

NVIDIA now requests leave to file a twenty-page summary judgment motion on
non-infringement and non-inducement. See Practice Standards (Civil cases), Judge
Philip A. Brimmer § III.F.3.a (“If a party elects to file more than one Rule 56 motion,
then the motions and response briefs shall not exceed twenty pages total for all such
motions (not each such motion) filed by that party.”). NVIDIA requested such leave
prior to the dispositive motion deadline, and the Court is persuaded that permitting
NVIDIA to file a second summary judgment motion serves the interests of judicial
economy. See Docket No. 666 at 5, ¶¶ 10-11. Therefore, it is
ORDERED that NVIDIA’s Motion for Leave to File a Further Summary Judgment
Motion [Docket Nos. 666, 669] and Amended Notice of Motion for Leave to File a
Further Summary Judgment Motion [Docket Nos. 685, 688] are GRANTED. NVIDIA
may file a motion for summary judgment on or before November 2, 2011, such motion
not to exceed twenty pages.

DATED October 18, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

2