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                   United States District Court

                  Northern District of California

               Before The Honorable Charles R. Breyer

Intel Corporation,          )
                            )
           Plaintiff,       )
                            )
  vs.                       )            No. C9-5085 CRB
                            )
Americas News Intel         )
Publishing, LLC,            )
                            )
           Defendant.       )
____________________________)

                                     San Francisco, California
                                       Friday, April 2, 2010

                Reporter's Transcript Of Proceedings

Appearances:


For Plaintiff:             Harvey Siskind, LLP
                           Four Embarcadero Center, 39th Floor
                           San Francisco, California 94111
                     By:   Ian K. Boyd, Esquire
                           Matthew Alexander Stratton, Esquire



For Defendant:             Carr & Ferrell, LLP
                           2200 Geng Road
                           Palo Alto, California 94303
                     By:   Colby Brian Springer, Esquire




Reported By:         Sahar McVickar, RPR, CSR No. 12963
                     Official Reporter, U.S. District Court
                     For the Northern District of California

               (Computerized Transcription By Eclipse)

             Sahar McVickar, C.S.R. No. 12963, RPR
         Official Court Reporter, U.S. District Court
                        (415) 626-6060
                                                                           2


1    Friday, April 2, 2010                                    10:07 A.M.

2                            P R O C E E D I N G S

3                THE CLERK:   Calling case C09-5085, Intel versus

4    Americas News Intel.

5                Appearances, counsel.

6                MR. BOYD:    Good morning, Your Honor.

7                Ian Boyd on behalf of plaintiff, Intel Corporation.

8                MR. STRATTON:   Good morning, Your Honor.

9                Matthew Stratton on behalf of plaintiff, Intel

10   Corporation.

11               MR. SPRINGER:   And Colby Springer for the defendant,

12   Americas News Publishing, LLC.

13               THE COURT:   Okay.

14               Well, as to the defendant's motion with respect to

15   federal cybersquatting, that motion is denied.       It's actually

16   not even addressed in the papers.     So as to claim 8, the motion

17   to dismiss is denied.

18               As to the remaining claims, it's granted with leave

19   to amend.   It really is lacking in enough specificity which

20   would demonstrate that there was confusion or that you're even

21   addressing the same markets.     I mean, my understanding is that

22   there may be no customer overlap at all in connection with

23   this.

24               So, you know, I think you ought to go back, redraft

25   your claim, put in everything you can in connection with, you

                  Sahar McVickar, C.S.R. No. 12963, RPR
              Official Court Reporter, U.S. District Court
                             (415) 626-6060
                                                                         3


1    know, a showing which would demonstrate liability for a claim.

2    And then we ought to take a look at it at that point.

3               MR. BOYD:    Your Honor, if I may just briefly address

4    a few points?

5               THE COURT:    Sure.

6               MR. BOYD:    First, with respect to whether the

7    parties compete for the same audience, that, of course,

8    irrelevant to the dilution claim.     You mentioned that that

9    defendant failed to address the cybersquatting claim in their

10   papers; with respect to the dilution claim, they, I believe

11   spent less than one page of 24 pages addressing the dilution

12   claim.

13              We cite, for example, the Nikepal case in our

14   papers, and again, we certainly believe we have established

15   with our pleading that we should have an opportunity to

16   establish that the Latin Intel mark dilutes the Intel mark just

17   as the Nikepal mark diluted the Nike mark.

18              I'm not certain what --

19              THE COURT:    Don't you have to show that one mark

20   impairs that distinctiveness of the other mark?

21              MR. BOYD:    Correct.   And how we do that is through,

22   frankly, survey evidence, just as in the Nikepal case.    And

23   that is what we would do here.

24              THE COURT:    Well, look, you're entitled -- if you

25   think it's sufficient, you are entitled to rest on it.    I don't

                  Sahar McVickar, C.S.R. No. 12963, RPR
              Official Court Reporter, U.S. District Court
                             (415) 626-6060
                                                                            4


1    think it is.   I want to give you another opportunity.      And I'll

2    see what you file, and then I'll make up my mind.

3                MR. BOYD:    Okay.

4                THE COURT:    You are more than entitled to rest on

5    it.

6                MR. BOYD:    Well --

7                THE COURT:    I don't think it is sufficient.

8                MR. BOYD:    Well, Your Honor opinion is worth more

9    than mine at this point, so I will certainly defer to that.

10                       (Laughter.)

11               MR. BOYD:    And with respect to the -- so I'm clear

12   on the Court's ruling, the cybersquatting claim stays in, the

13   Court is granting Intel leave to amend --

14               THE COURT:    That's correct.

15               MR. BOYD:    -- the infringement and dilution claims.

16               THE COURT:    Yes.

17               MR. BOYD:    And with respect to the State law

18   claims --

19               THE COURT:    They follow the --

20               MR. BOYD:    Okay, so the Court is looking for us to

21   amend those claims as well?

22               THE COURT:    That's right.

23               MR. BOYD:    Okay.

24               THE COURT:    Thank you.

25               Do you need 30 days?    What do you need?

                  Sahar McVickar, C.S.R. No. 12963, RPR
              Official Court Reporter, U.S. District Court
                             (415) 626-6060
                                                                        5


1              MR. BOYD:    Shouldn't need that long to do it.

2              THE COURT:    I'll give you 30 days for leave to

3    amend.

4              MR. BOYD:    Okay.

5              THE COURT:    Thanks.

6              MR. BOYD:    And we also had the CMC; you want to hold

7    off on that?

8              THE COURT:    Yeah.

9              MR. BOYD:    All right.

10             Thank you, Your Honor.

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                  Sahar McVickar, C.S.R. No. 12963, RPR
              Official Court Reporter, U.S. District Court
                             (415) 626-6060
                   CERTIFICATE OF REPORTER



         I, Sahar McVickar, Official Court Reporter for the

United States Court, Northern District of California, hereby

certify that the foregoing proceedings were reported by me, a

certified shorthand reporter, and were thereafter transcribed

under my direction into typewriting; that the foregoing is a

full, complete and true record of said proceedings as bound by

me at the time of filing.   The validity of the reporter's

certification of said transcript may be void upon disassembly

and/or removal from the court file.




                      /s/ Sahar McVickar

              Sahar McVickar, RPR, CSR No. 12963

                    Friday, April 10, 2010




             Sahar McVickar, C.S.R. No. 12963, RPR
         Official Court Reporter, U.S. District Court
                        (415) 626-6060

				
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