Order | Filed: July 24, 2026
| Entered: July 24, 2026
Network-1 Technologies, Inc. v. Google, L.L.C. et al
Patent | New York Southern
Order ~Util - Set Deadlines/Hearings
ORDER: Trial in this case is adjourned from August 11, 2026, to December 7, 2026, at 9:30 a.m., in Courtroom 705 of the United States Courthouse, 40 Foley Square, New York, New York. The joint pretrial order, motions in limine, requested voir dire, and requests to charge are due on November 6, 2026. Responsive papers are due on November 13, 2026. The Court addresses below the parties' remaining anticipated motion practice. I. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. On April 26, 2024, this Court issued a Memorandum Opinion and Order (Dkt. No. 308)1 granting Defendants' motion for summary judgment (Dkt. No. 223) and denying Plaintiffs cross-motion for summary judgment (Dkt. No. 233). Plaintiff appealed this Court's decision. (Dkt. No. 313) On April 23, 2026, the Federal Circuit issued a decision affirming in part and vacating in part, and remanding the case for further proceedings. Network-I Techs., Inc. v. Google LLC, 2024-1893, 2024-1948, 2026 WL 1098461 (Fed. Cir. Apr. 23, 2026). (Mandate (Dkt. No. 314) at 2). As further set forth in this Order. The parties will file briefs addressing Plaintiffs motion for summary judgment as it relates to validity of the asserted claims of the '237 patent according to the following schedule: 1. Plaintiff's brief is due on August 7, 2026; 2. Defendant's opposition brief is due on August 21, 2026; and 3. Plaintiff's reply brief is due August 28, 2026. II. DEFENDANTS' REQUEST TO FILE A SECOND MOTION FOR SUMMARY JUDGMENT: In a July 9, 2026 letter, Defendants seek permission to file a second motion for summary judgment on the ground that "the sole remaining patent on remand is invalid under 35 U.S.C. § 101." (Def. July 9, 2026 Ltr. (Dkt. No. 327) at 2) Plaintiff objects, arguing that "Google's request is untimely, contrary to the scheduling orders the parties themselves proposed, and unsupported by any good cause - let alone the good cause required to reopen dispositive-motion practice nearly six years late." (Pltf. July 13, 2026 Ltr. (Dkt. No. 329) at 1) as further set forth herein. In a July 3, 2026 joint letter, the parties state that they anticipate filing Daubert motions. (See Jt. July 3, 2026 Ltr. (Dkt. No. 323) at 1-2) By August 3, 2026, the parties will submit a joint letter summarizing the bases for the respective Daubert motions that they intend to bring. SO ORDERED. ( Motions due by 11/13/2026., Pretrial Order due by 11/13/2026., Responses due by 8/21/2026, Replies due by 8/28/2026., Jury Trial set for 12/7/2026 at 09:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/24/2026) (vfr)