Overture Services, Inc. v. Google Inc. Doc.

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Case 3:02-cv-01991-JSW Document 27 Filed 10/08/2002 Page 1 of 2

KEKER & VAN NEST, LLP

1 JOHN W. KEKER - #49092
JON B. STREETER - #101970
2 DARALYN J. DURIE - #169825
MICHAEL S. KWUN - #198945
3 710 Sansome Street
San Francisco, CA 94111-1704
4 Telephone: (415) 391-5400
Facsimile: (415) 397-7188
5
Attorneys for Defendant
6 GOOGLE INC.
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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

10 SAN FRANCISCO DIVISION

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OVERTURE SERVICES, INC., a Delaware Case No. C 02-01991 CRB ADR
12 corporation,
ORDER GRANTING DEFENDANT
13 Plaintiff, GOOGLE INC.’S MOTION FOR AN ORDER
EXTENDING GOOGLE’S TIME TO SERVE
14 v. INITIAL INVALIDITY CONTENTIONS
15 GOOGLE INC., a California corporation,
16 Defendant.
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Before the Court is defendant Google Inc.’s (“Google’s”) motion, pursuant to Civil L.R. 6-1
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and 6-3, and paragraph 4 of the Court’s Standing Order, for an order extending its time to serve its
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Preliminary Invalidity Contentions. Having considered all of the papers filed in support of and
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opposition to the motion, and good cause appearing, the Court GRANTS Google’s motion.
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Plaintiff Overture Services, Inc. (“Overture”) is ORDERED to serve forthwith a revised version
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of its Disclosure of Asserted Claims and Preliminary Infringement Contentions (hereinafter, “Preliminary
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Infringement Contentions”) that fully complies with Patent L.R. 3-1. Overture’s claim chart in its
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revised Preliminary Infringement Contentions must specifically point out what aspects of the accused
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instrumentality satisfy each element of each asserted claim of the patent-in-suit. Conclusory assertions
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[PROPOSED] ORDER
290248.01
CASE NO. C 02-01991 CRB ADR
Dockets.Justia.com
 Case 3:02-cv-01991-JSW Document 27 Filed 10/08/2002 Page 2 of 2

1 that a given element is present in the accused instrumentality are not sufficient.

2 The Court FURTHER ORDERS that Google’s deadline for serving its Preliminary Invalidity

3 Contentions is extended to forty-five days after the date on which Overture serves revised Preliminary

4 Infringement Contentions that fully comply with Patent L.R. 3-1.

5 The parties are ORDERED to meet and confer about the case management schedule, and to file

6 with the Court within ten court days of the date of this Order a joint case management statement

7 addressing any scheduling modifications that may be necessary in light of this Order.

8 IT IS SO ORDERED.

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Dated: October 8, 2002 /s/
11 HON. CHARLES R. BREYER
United States District Judge
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[PROPOSED] ORDER
290248.01
CASE NO. C 02-01991 CRB ADR