Bot M8 LLC v. Sony Corporation Of America ( 2020 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 BOT M8 LLC, Plaintiff, No. C 19-07027 WHA ° v. 6 SONY CORPORATION OF AMERICA, et ORDER DENYING LEAVE TO 7 al., MOVE FOR RECONSIDERATION 8 Defendants. 9 10 Patent owner seeks leave to move for reconsideration of an April 2 order denying leave 11 to reassert several patents previously dismissed. Both parties having been heard (Dkt. Nos. 12 139, 140), the request is DENIED. 13 “A motion for reconsideration should not be granted, absent highly unusual 14 circumstances, unless the district court is presented with newly discovered evidence, 3 15 committed clear error, or if there is an intervening change in the controlling law.” Marylyn 16 Nutraceuticals, Inc. vy. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009). A 3 17 clear error involves “[a] manifest failure by the Court to consider material facts or dispositive 18 legal arguments... .” Civ. L.R. 7-9(b)(3). Patent owner’s proffered theory of the Digital 19 Millennium Copyright Act crossing paths with patent rights remains unsupported by caselaw, 20 and it offers no binding decision directing a different pleading or amendment standard. And, 21 despite patent owner’s reading of the record, the Court still directed reverse engineering of the 22 Sony PlayStation 4 at the November 21, 2019, case management conference. Patent owner’s 23 disagreements are understandable, but they do not warrant extraordinary relief. 24 IT IS SO ORDERED. 25 Dated: April 16, 2020. 26 ( A = Lee WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 28