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Porto Technology Co., Ltd. v. Motorola Mobility LLC, 4:16-CV-01427-JSW (2016)

Court: District Court, N.D. California Number: infdco20160527981 Visitors: 13
Filed: May 26, 2016
Latest Update: May 26, 2016
Summary: STIPULATION AND [ PROPOSED ] ORDER TO STAY LITIGATION AND LIFTING CONSOLIDATION JEFFREY S. WHITE , District Judge . Pursuant to Local Rule 7-12, Defendants Samsung Electronics America, Inc., LG Electronics Mobilecomm U.S.A., Inc., Motorola Mobility LLC, and HTC America, Inc. (collectively "Defendants") and Plaintiff Porto Technology LLC ("Porto") submit this stipulated request for an order staying their respective litigations pending issuance of a final written decision by the United St
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STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION AND LIFTING CONSOLIDATION

Pursuant to Local Rule 7-12, Defendants Samsung Electronics America, Inc., LG Electronics Mobilecomm U.S.A., Inc., Motorola Mobility LLC, and HTC America, Inc. (collectively "Defendants") and Plaintiff Porto Technology LLC ("Porto") submit this stipulated request for an order staying their respective litigations pending issuance of a final written decision by the United States Patent and Trademark Office ("USPTO") on the petitions for inter partes review filed by Google, Inc. ("Google") of U.S. Patent Nos. 6,233,518 and 6,532,413 (collectively, the "Patents-in-Suit") and the resolution of all appeals from those final written decisions.

WHEREAS, on October 13, 2016, Google filed petition Nos. IPR2016-00022 and IPR2016-00045 for inter partes review of each of the Patents-in-Suit;

WHEREAS, on April 25, 2016, the USPTO instituted Google's petitions for inter partes review of all of the asserted claims of each of the Patents-in-Suit;

WHEREAS, the USPTO is required under 35 U.S.C. § 316 to issue a final written decision within 1 year of institution, which may be extended by no more than 6 months;

WHEREAS each of these actions was transferred from the Eastern District of Texas to the Northern District of California in March 2016;

WHEREAS an Initial Case Management Conference in this Court has not taken place, and is scheduled for June 24, 2016;

WHEREAS, the parties wish to suspend the deadlines adopted by the Court (Dkt. No. 123) and stay the present litigations;

NOW THEREFORE IT IS HEREBY STIPULATED by the parties, through their respective counsel, that the present litigations are stayed pending exhaustion of all of Google's petitions for inter partes review of the Patents-in-Suit, including issuance of final written decisions by the USPTO and resolution of all appeals to all final written decisions. The parties agree that within 30 days of exhaustion of the last of Google's petitions for inter partes review, the parties shall submit a joint notice to the Court informing the Court of the results of the petitions.

IT IS SO STIPULATED

In compliance with Local Rule 5-1(i)(3), I hereby attest that Fred I. Williams and Timothy T. Wang have concurred in the filing of this Stipulation and [Proposed] Order to Stay Litigation.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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