Phoenix Solutions, Inc. v. Sony Electronics, Inc.

AMENDED MEMORANDUM & ORDER

Re: Sony’s Motion for Leave to Amend Third-Party Complaint, Sony’s Motion for Summary Judgment & Intervoice’s Motion for Summary Judgment

Plaintiff Phoenix Solutions, Inc. (“Phoenix”) brought this action against defendant Sony Electronics, Inc. (“Sony”) alleging patent infringement. Sony subsequently filed a third-party complaint against Intervoice, Inc. (“Intervoice”) asserting a single cause of action for breach of warranty of title and against infringement. Phoenix and Sony have settled the patent infringement action, and the court has entered a stipulation and order dismissing all claims and counterclaims between Phoenix and Sony. Now before the court is Sony’s motion for leave to file a second amended third-party complaint, and Sony and Inter-voice’s cross-motions for summary judgment. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

The facts of this case as alleged have been recited in the court’s prior orders, and therefore, only a focused summary is presented here. Sony is a Delaware Corporation with a place of business in San Diego,…