Alivecor, Inc. v. Apple, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALIVECOR, INC., Case No. 21-cv-03958-JSW
Plaintiff,
ORDER DENYING MOTION FOR
v. LEAVE TO FILE MOTION FOR
RECONSIDERATION
APPLE INC., Re: Dkt. No. 184 Defendant.
12 Now before the Court for consideration is the motion for leave to file a motion for reconsideration filed by Defendant Apple Inc. (“Apple”). Apple seeks reconsideration of the Court’s May 16, 2022 Order granting the motion to dismiss Apple’s counterclaim in light of the Ninth Circuit’s decision in Epic Games, Inc. v. Apple, Inc., 67 F.4th 946 (9th Cir. 2023). AliveCor has filed an opposition to Apple’s motion. For the following reasons, the Court DENIES Apple’s motion. A party moving for reconsideration “must specifically show reasonable diligence in bringing the motion” and one of the following circumstances: (1) that at the time of the motion for leave, a material difference in fact or law exists from that which was presented to the Court or, in the exercise…