Personalized User Model LLP v. Google Inc.

Filing 522

ORDER re 521 Memorandum Opinion -- Granting in part, Denying in part 422 MOTION for Summary Judgment; Denying 444 MOTION For Leave To Cross-Move For Summary Judgment; Denying 417 MOTION for Summary Judgment; Denying 412 MOTION for Summary Judgment; Denying 415 MOTION to Strike. Signed by Judge Leonard P. Stark on 9/9/13. (ntl)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,
Plaintiff,

v.
GOOGLE INC.,
Defendant.
C.A. No. 09-525-LPS
GOOGLE, INC.,
Counterclaimant,

v.
PERSONALIZED USER MODEL, L.L.P.
and YOCHAI KONIG
Counterdefendants.

ORDER
At Wilmington, this 9th day of September, 2013:
For the reasons set forth in the Memorandum Opinion issued this same date,
IT IS HEREBY ORDERED that:
1.

Google Inc.'s ("Google") Motion for Summary Judgment ofNon-Infringement
(D.I. 422) is GRANTED IN PART and DENIED IN PART.

2.

Google's Motion for Summary Judgment oflnvalidity (D.I. 417) is DENIED.

3.

Google's Motion for Summary Judgment on its Breach of Contract Counterclaim,
its Declaration of Ownership Counterclaim, and its Affirmative Defense of Lack
of Standing (D.I. 412) is DENIED.

4.

Personalized User Model, L.L.P. 's ("PUM") Motion for Leave to Cross-Move for
Summary Judgment in Response to Google's Motion for Summary Judgment
(D .I. 444) is DENIED.

5.

PUM's Motion to Strike Dr. Jordan's Late-Disclosed Opinions (D.I. 415) is
DENIED.

6.

Because the Memorandum Opinion released on this date may contain confidential
information, it has been released under seal, pending review by the parties to
allow them to submit a single jointly proposed redacted version of the
Memorandum Opinion. Such redacted version shall be submitted no later than

seven (7) days from the date of this Order for review by the Court. The Court
will subsequently file a publicly-available version of its Memorandum Opinion.
7.

The parties shall, no later than ten (10) days from the date ofthis Order, submit a
joint status report advising the Court as to when they can be ready for trial and the
requested length of time (in terms of calendar days and trial hours) they request
for trial.

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UNITEb STATES DISTRICT JUDGE

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