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Technology Licensing Corporation v. Technicolor Usa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 4, 2011

TECHNOLOGY LICENSING CORPORATION, PLAINTIFF,
v.
TECHNICOLOR USA, INC., DEFENDANT.

ORDER RE: EX PARTE MOTION TO REOPEN CASE

Plaintiff Technology Licensing Corporation brought this action against defendant Technicolor USA, Inc., for patent infringement. Defendant then filed a counterclaim for declaratory judgment of non-infringement, declaratory judgment of patent invalidity, and breach of covenant not to sue. On March 28, 2011, plaintiff filed a Notice of Acceptance of defendant's Rule 68 Offer of Judgment (Docket No. 326), and the Clerk entered judgment accordingly. (Docket No. 327.) Although the judgment applied only to plaintiff's claims against defendant, the clerk s administratively closed the entire case. Defendant now moves the court to reopen the case with respect to defendant's counterclaims. (Docket No. 329.)

The parties seem to agree that defendant's claim for declaratory judgment of non-infringement was extinguished by the Rule 68 Offer of Judgment. Plaintiff's only ground for opposing the motion is that the court does not have subject matter jurisdiction over the remaining counterclaims. The question of jurisdiction, however, is distinct from the administrative reopening of the case. Plaintiff is free to make its jurisdictional argument in a separate motion. Accordingly, the court will grant defendant's motion to reopen the case.

IT IS THEREFORE ORDERED that defendant's ex parte motion to reopen the case is GRANTED. The Clerk is instructed to reopen the case.

Defendant's Motion to Adopt Part 1 of the Special Master's Report and Recommendations is RESET for July 5, 2011, at 2:00 p.m. in Courtroom No. 5.

The court's February 14, 2011, Order amending the scheduling order (Docket No. 323) is further amended as follows: The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than September 1, 2011. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before October 3, 2011. All discovery shall be completed by November 7, 2011. All pretrial motions shall be filed by December 6, 2011. The Final Pretrial Conference is RESET for February 21, 2012, at 2:00 p.m. in Courtroom No. 5. The trial is RESET for April 17, 2012, at 9:00 a.m. in Courtroom No. 5.

IT IS SO ORDERED.

20110504

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