Emblaze Ltd. v. Apple Inc.
Opinion
Lead Opinion
Grewal, J.
(Re: Docket Nos. 343, 346, 348, 350 and 401)
ORDER RE: APPLE’S MOTIONS FOR SUMMARY JUDGMENT AND EM-BLAZE’S MOTION FOR LEAVE TO AMEND ITS INFRINGEMENT CONTENTIONS
The invention claimed in this patent case bears a certain resemblance to the Veg-OMatic once hawked on late-night TV: “It slices, it dices and so much more!” But rather than carrots or celery, this contraption chops up-streams of data for upload and download. The point is to permit live casting of audio, video and the like without any dedicated server.
Before the court are Plaintiff Emblaze Ltd.’s motion for leave to amend its infringement contentions to add recently-released Apple products 1 and Defendant Apple Inc.’s separate motions for summary judgment of: (1) non-infringement across *1111 all 2 and (2) specific 3 content streams, (3) invalidity 4 and (4) no willfulness. 5 To address these motions, the parties appeared at a specially-set hearing. Although Apple’s dispositive motions remain opposed, at the hearing Apple agreed not to oppose Emblaze’s motion for leave to amend its infringement contentions. 6 On that basis, Emblaze’s motion is GRANTED. After considering the arguments, the court GRANTS Apple’s motions,…