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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SONOS, INC.,
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`No. C 20-06754 WHA
`No. C 21-07559 WHA
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`(Consolidated)
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`ORDER RE TODAY’S HEARING
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`As stated on the record during today’s hearing, the jury will decide whether the purported
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`design-around infringes unless the evidence is so clear that the Court can resolve the issue
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`under Rule 50 of the Federal Rules of Civil Procedure. There will be no separate bench trial.
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`In addition, as stated on the record during today’s hearing, the ’615 patent is out of the
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`case. “It is a claimant’s burden to keep the district court clearly apprised of what parts of its
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`claim it wishes to pursue and which parts, if any, it wishes to reserve for another day.” Silicon
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`Graphics, Inc. v. ATI Techs., Inc., 607 F.3d 784, 801 (Fed. Cir. 2010). In the briefing on the
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`renewed motion to realign the parties, both sides provided charts setting out the claims to be
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`tried (Dkt. Nos. 477 at 3–4; 513 at 7). Neither side included claims related to the ’615 patent.
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`In other words, despite Google’s present assertions that there is a live case or controversy with
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`respect to invalidity of claims 18, 19, and 25 of the ’615 patent, Google did not include
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`invalidity of claims 18, 19, and 25 of the ’615 patent in its list of “remaining claims” (Dkt. No.
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`513 at 7). What’s more, Google referred to the ’615 patent as a “patent[] that w[as] previously
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`United States District Court
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`Case 3:21-cv-07559-WHA Document 238 Filed 04/20/23 Page 2 of 2
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`asserted in this action” (Dkt. No. 513 at 10). On March 29, 2023, the night before the hearing
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`on the renewed motion to realign and the final dispositive motions, Google withdrew its
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`opposition to the renewed motion to realign (Dkt. No. 555). But in doing so, it did not indicate
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`that it had changed its position on the ’615 patent. And, even if it had, it was too late.
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`Invalidity of claims 18, 19, and 25 of the ’615 patent was abandoned long ago.
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`Finally, as stated in a companion order, this action is referred to Judge Thomas Hixson
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`for mediation (Dkt. No. 575).
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`IT IS SO ORDERED.
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`Dated: April 20, 2023.
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`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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`United States District Court
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