Digitech Image Technologies LLC v. Electronics For Imaging Inc et al, No. 8:2012cv01324 - Document 89 (C.D. Cal. 2013)

Court Description: ORDER by Judge Otis D. Wright, II: In view of the Courts July 31, 2013 Order Granting Summary Judgment, the Court hereby DENIES the following pending motions: Electronics For Imaging, Inc.s Motion to Strike Plaintiffs Infringement Contentions is DEN IED AS MOOT (No. 8:12-cv-1324-ODW(MRWx), 68 ; Digitech Image Technologies LLCs Ex Parte Application is DENIED ASMOOT (No. 8:12-cv-1324-ODW(MRWx), 86 ; Ricoh Co., Ltd. and Ricoh Americans Corp.s Motion for Leave to File Third Party Complaint is DENIED (No. 8:12-cv-1689-ODW(MRWx), ECF No. 35); Xerox Corp.s Motion for Leave to File Third Party Complaint is DENIED (No. 8:12-cv-1693-ODW(MRWx), ECF No. 27);Konica Minolta Business Solutions U.S.A., Inc.s Motion for Leave to FileThird Party Complaint is DENIED (No. 8:12-cv-1694-ODW(MRWx), ECF No. 35).Further, in an abundance of caution, the Court hereby ORDERS all parties to file a joint status report by August 7, 2013. This report should be filed only in the lead case (No. 8:12-cv-1324-ODW(MRWx)), and must briefly state reasons why, in light of the Courts findings that claims 16, 9, 1015, and 2631 are invalid under 35 U.S.C. 101, the Court should not enter final judgment in favor of Defendants. For instance, though the Court believes this is not the case, it is conceivable that Digitech has asserted claims 78, 1625, or 3233 against one or more Defendants. There may also be other reasons unknown to the Court why it should not enter final judgment. (lc). Modified on 7/31/2013. (lc).
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Digitech Image Technologies LLC v. Electronics For Imaging Inc et al Doc. 89 O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 DIGITECH IMAGE TECHNOLOGIES, LLC, Plaintiff, v. 18 19 ORDER ELECTRONICS FOR IMAGING, INC. et al., Defendants. 16 17 Case No. 8:12-cv-1324-ODW(MRWx) In view of the Court’s July 31, 2013 Order Granting Summary Judgment, the Court hereby DENIES the following pending motions: o Electronics For Imaging, Inc.’s Motion to Strike Plaintiff’s Infringement 20 Contentions is DENIED AS MOOT (No. 8:12-cv-1324-ODW(MRWx), 21 ECF No. 68); 22 o MOOT (No. 8:12-cv-1324-ODW(MRWx), ECF No. 86); 23 24 Digitech Image Technologies LLC’s Ex Parte Application is DENIED AS o Ricoh Co., Ltd. and Ricoh Americans Corp.’s Motion for Leave to File 25 Third Party Complaint is DENIED (No. 8:12-cv-1689-ODW(MRWx), ECF 26 No. 35); 27 28 o Xerox Corp.’s Motion for Leave to File Third Party Complaint is DENIED (No. 8:12-cv-1693-ODW(MRWx), ECF No. 27); Dockets.Justia.com 1 o Konica Minolta Business Solutions U.S.A., Inc.’s Motion for Leave to File 2 Third Party Complaint is DENIED (No. 8:12-cv-1694-ODW(MRWx), ECF 3 No. 35). 4 Further, in an abundance of caution, the Court hereby ORDERS all parties to 5 file a joint status report by August 7, 2013. This report should be filed only in the 6 lead case (No. 8:12-cv-1324-ODW(MRWx)), and must briefly state reasons why, in 7 light of the Court’s findings that claims 1–6, 9, 10–15, and 26–31 are invalid under 35 8 U.S.C. § 101, the Court should not enter final judgment in favor of Defendants. For 9 instance, though the Court believes this is not the case, it is conceivable that Digitech 10 has asserted claims 7–8, 16–25, or 32–33 against one or more Defendants. There may 11 also be other reasons unknown to the Court why it should not enter final judgment. 12 IT IS SO ORDERED. 13 July 31, 2013 14 15 16 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2