Northern District of California Judge Charles Breyer on Monday delayed ruling on a defense motion to dismiss the backdating prosecution of ex-Brocade Communications CEO Gregory Reyes.

On Friday, Breyer had grilled prosecutor Timothy Crudo on the question of intent, and ordered him to submit a brief explaining how the evidence addressed that issue. On Monday morning, he filed 18 pages on the issue, and Breyer said it would be at least several days before he rules.

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