Myspace, Inc. v. Graphon Corporation

ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO REALIGN PARTIES AND GRANTING PLAINTIFFS’ MOTION FOR EARLY HEARING ON INEQUITABLE CONDUCT

Before the Court are Defendant’s Motion to Realign the Parties and Set Order of Proof and Plaintiffs’ Motion for Early Hearing on Inequitable Conduct. On July 15, 2010, the Court held a hearing on both motions. For the reasons stated at the hearing and in this Order, Defendant’s Motion to Realign the Parties is denied without prejudice and Plaintiffs’ Motion for Early Hearing on Inequitable Conduct is granted.

Motion to Realign the Parties

Plaintiff MySpace filed its declaratory judgment complaint on February 10, 2010, involving U.S. Patent Nos. 6,324,538; 6,850,940; 7,028,034; and 7,269,591. On March 17, 2010, Defendant filed an answer and a counterclaim seeking damages for infringement of the patents-in-suit. Plaintiff craigslist filed its declaratory judgment complaint on March 18, 2010, involving the same patents as the MySpace action. On April 8, 2010, Defendant filed an answer and counterclaim seeking damages for infringement of the patents-in-suit. Craigslist filed a separate first amended complaint, to which Defendant answered.…