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NETLIST, INC. v. SMART MODULAR TECHNOLOGIES, INC., 2:13-cv-02613-TLN-EFB. (2014)

Court: District Court, E.D. California Number: infdco20140310825 Visitors: 9
Filed: Mar. 07, 2014
Latest Update: Mar. 07, 2014
Summary: JOINT STIPULATION TO STAY AND ORDER TROY L. NUNLEY, District Judge. WHEREAS Plaintiff Netlist, Inc. filed a First Amended Complaint in the Central District of California on August 23, 2013 against Defendants SMART Modular Technologies, Inc. and SMART Worldwide Holdings, Inc. WHEREAS the First Amended Complaint alleges "Attempted Monopolization Under 15 U.S.C. 2" (Count Six); " Walker Process Violation Under 15 U.S.C. 2" (Count Seven); "Unfair Competition — California Bus. & Prof. Code
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JOINT STIPULATION TO STAY AND ORDER

TROY L. NUNLEY, District Judge.

WHEREAS Plaintiff Netlist, Inc. filed a First Amended Complaint in the Central District of California on August 23, 2013 against Defendants SMART Modular Technologies, Inc. and SMART Worldwide Holdings, Inc.

WHEREAS the First Amended Complaint alleges "Attempted Monopolization Under 15 U.S.C. § 2" (Count Six); "Walker Process Violation Under 15 U.S.C. § 2" (Count Seven); "Unfair Competition — California Bus. & Prof. Code § 17200" (Count Thirteen); and "Common Law Fraud" (Count Fourteen) (collectively, "Transferred Counts")

WHEREAS the Central District of California severed and transferred Netlist's Transferred Counts to the Eastern District of California, Case No. 2:13-cv-02613-JAM-CKD;

WHEREAS this Court issued a Related Case Order relating Case No. 2:13-cv-02613-JAM-CKD to a pending patent infringement lawsuit involving U.S. Patent No. 8,250,295, SMART Modular Technologies, Inc. v. Netlist, Inc., Case No. 2:12-cv-02319-TLN-EFB ("SMART Modular's Patent Action");

WHEREAS SMART Modular's Patent Action is stayed indefinitely pending the inter partes reexamination of claims 1-7 of U.S. Patent No. 8,250, 295.

THEREFORE, Plaintiff and Defendants jointly stipulate to staying this action, Case No. 2:13-cv-02613-TLN-EFB, pending the United States Patent and Trademark Office's inter partes reexamination of U.S. Patent No. 8,250,295. The parties jointly stipulate to vacating all deadlines pending the inter partes reexamination.

IT IS SO ORDERED.

Source:  Leagle

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