JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR GOOGLE INC. TO RESPOND TO DEFENDANTS' COUNTERCLAIMS

JON S. TIGAR, District Judge.

Pursuant to Civil Local Rules 6-2, 7-12, and 16-2 Plaintiff Google Inc. ("Google"), and Defendants Eolas Technologies Incorporated ("Eolas") and The Regents of the University of California ("the Regents") (collectively, "Defendants") hereby stipulate through their respective counsel of record as follows:

WHEREAS, on January 2, 2014 and January 3, 2014, Google served a complaint seeking a declaratory judgment of non-infringement of United States Patent Nos. 8,082,293 and 8,086,662 (hereinafter "patents-in-suit") on Defendants (Dkt. 1);

WHEREAS, Defendants filed an answer and counterclaims on July 8, 2014 (Dkt. 76), and a corrected answer and counterclaims on July 22, 2014 (Dkt. 83), in which Eolas asserted patent infringement counterclaims against Google (hereinafter "Counterclaims");

WHEREAS, Eolas filed a Motion to Dismiss on July 8, 2014 (Dkt. 77) (hereinafter "Second Motion to Dismiss"), and a Corrected Motion to Dismiss on July 15, 2014 (Dkt. 78) (hereinafter "Corrected Second Motion to Dismiss"), in which it moved to dismiss with prejudice Eolas's Counterclaims of infringement of the patents-in-suit, and to dismiss without prejudice Google's declaratory judgment claims of non-infringement;

WHEREAS, the Regents filed a notice of joinder in Eolas's Corrected Second Motion to Dismiss on July 29, 2014 (Dkt. 84);

WHEREAS, Google's responded to Defendants' Corrected Second Motion to Dismiss on August 19, 2014 (Dkt. 87);

WHEREAS, Eolas filed a Reply to its Corrected Second Motion to Dismiss on September 9, 2014 (Dkt. 88) and a Corrected Reply on September 12, 2014 (Dkt. 89);

WHEREAS, Google sought leave to file a sur-reply to Eolas's Corrected Second Motion to Dismiss on September 18, 2014 (Dkt. 90);

WHEREAS, Defendants filed a Response to Google's Motion for Leave to File a Sur-reply on September 22, 2014 (Dkt. 91);

WHEREAS, the Court vacated the hearing on the Corrected Second Motion to Dismiss on September 30, 2014 (Dkt. 92);

WHEREAS, Google's response to Eolas' Counterclaims is currently due October 24, 2014;

WHEREAS, the parties have agreed that the lawsuit should be dismissed in its entirety and absent an extension, the parties will expend additional time and resources on a lawsuit that may be dismissed;

WHEREAS, the parties have agreed to extend Google's deadline to respond to Eolas's Counterclaims by three weeks in order to allow the Court to rule on the dismissal of the litigation;

WHEREAS, good cause exists to extend the current deadline for Google's response to Eolas's Counterclaims, to allow the Court to rule on Eolas's pending Corrected Second Motion to Dismiss and to avoid the expenditure of time and resources until the scope of dismissal is determined;

NOW THEREFORE, the parties through their undersigned counsel hereby stipulate and request that the Court grant, pursuant to Civil L.R. 6-2 that:

IT IS SO STIPULATED.

I hereby attest pursuant to L.R. 5.1(i)(3) that concurrence in the electronic filing of this document has been obtained from the other signatories.

[PROPOSED] ORDER

The Court having considered the stipulation of the parties, orders as follows:

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.