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Message: Samsung Order Motion to Strike Infringemt Contentions (unsigned)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case3:12-cv-03877-VC

Document58-14

Filed06/09/15

Page1 of 3

TECHNOLOGY PROPERTIES LIMITED LLC, PHOENIX DIGITAL SOLUTIONS LLC, and PATRIOT SCIENTIFIC CORPORATION,

Plaintiffs,

v.

SAMSUNG ELECTRONICS CO., LTD. and SAMSUNG ELECTRONICS AMERICA, INC.,

CASE NO. 3:12-CV-03877-VC (PSG)

[PROPOSED] ORDER GRANTING DEFENDANTS SAMSUNG ELECTRONICS CO., LTD.’S AND SAMSUNG ELECTRONICS AMERICA, INC.’S MOTION TO STRIKE INFRINGEMENT CONTENTIONS OR ALTERNATIVELY TO COMPEL SUPPLEMENTAL INFRINGEMENT CONTENTIONS

DATE: July 21, 2015 TIME: 10:00 AM

PLACE: Courtroom 5 JUDGE: Hon. Paul S. Grewal

Defendants.

DLA PIPER LLP (US)

WEST\258830920.1

[PROPOSED] ORDER GRANTING SAMSUNG’S MOTION TO STRIKE NO. 3:12-CV-03877-VC (PSG)

Case3:12-cv-03877-VC Document58-14 Filed06/09/15 Page2 of 3

DLA PIPER LLP (US) EAST PALO ALTO

After consideration of Defendants Samsung Electronics Co., Ltd.’s and Samsung Electronics America, Inc.’s (collectively, “Samsung”) Motion to Strike Infringement Contentions Or Alternatively To Compel Supplemental Infringement Contentions, the Court rules as follows:

The Court hereby strikes Plaintiffs’ January 20, 2015, Disclosure of Asserted Claims and Infringement Contentions in their entirety for failure to comply with Patent Local Rule 3-1.

[Alternatively]

The Court hereby strikes Plaintiffs’ January 20, 2015, Disclosure of Asserted Claims and Infringement Contentions in their entirety for failure to comply with Patent Local Rule 3-1, and orders Plaintiffs to serve an amended Disclosure of Asserted Claims and Infringement Contentions within five (5) business days of this Order. The Amended Disclosures shall comply with Patent Local Rule 3-1, and shall:

1. Be limited to Samsung products previously identified in Table A.4 of Exhibit A to Plaintiffs’ January 20, 2015 disclosure that include one of the following processors: Qualcomm MSM7227, MSM8660 and MSM8960; TI OMAP4430, OMAP 4460, OMAP4470 and OMAP3621; or Samsung S3C6410;

2. Identify specifically where each limitation of each asserted claim is found within each accused Samsung product, including, at a minimum, providing a separate claim chart for each of the eight accused microprocessors identified in (1), above; and

3. On a patent-by-patent basis, exclude any product for which Plaintiff does not have a good faith basis to believe was infringed in the United States during the life of the patent which it is accused of infringing.

Further, this Order confirms that Plaintiffs’ infringement contentions as to all other products not included in (1), above, shall be struck and therefore are excluded from this case for all purposes, including discovery, liability, damages and injunctive relief.

[PROPOSED] ORDER GRANTING SAMSUNG’S MOTION TO STRIKE NO. 3:12-CV-03877-VC (PSG)

Case3:12-cv-03877-VC

Document58-14 Filed06/09/15 Page3 of 3

DLA PIPER LLP (US) EAST PALO ALTO

IT IS SO ORDERED.

Dated: _____________

HON. PAUL S. GREWAL

WEST\258830920.1

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[PROPOSED] ORDER GRANTING SAMSUNG’S MOTION TO STRIKE NO. 3:12-CV-03877-VC (PSG)

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