STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING INTER PARTES REVIEW PROCEEDINGS

JON S. TIGAR, District Judge.

Plaintiff American Navigation Systems, Inc. ("AmNav") and Defendant Apple Inc. ("Apple") hereby submit this stipulation and proposed order.

WHEREAS, on March 6, 2015, Apple, Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively "Samsung"), and non-party Google Inc. filed two petitions with the U.S. Patent and Trademark Office ("PTO") for administrative inter partes review of asserted U.S. Patent No. 5,902,347 ("'347 Patent"), numbered IPR2015-00849 and IPR2015-00851.

WHEREAS, "Courts have inherent power to manage their dockets and stay proceedings, including the authority to order a stay pending conclusion of a PTO reexamination." Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1426-27 (Fed. Cir. 1988) (internal citations omitted); Advanced Micro Devices, Inc. v. LG Elecs., Inc., No. 14-cv-01012-SI, 2015 WL 545534, at *2 (N.D. Cal. Feb. 9, 2015).

WHEREAS, Apple urges that it is in the interests of the Parties and the Court to stay the above-captioned case pending final resolution of the inter partes review petitions and associated proceedings pertaining to the '347 Patent.

WHEREAS, AmNav does not oppose a stay that would last until the PTO decides whether to institute inter partes review (Dkt. No. 106).

IT IS HEREBY STIPULATED AND AGREED by and between AmNav and Apple, and subject to the approval of the Court, that:1

1. The entirety of this case shall be stayed pending the decision by the PTO whether to institute inter partes review in response to the two petitions. If the PTO institutes inter partes review, the stay will continue through final resolution in the PTO; in the event that the PTO has not instituted inter partes review within the timeframe set forth by 35 U.S.C. § 314(b), the stay will expire without further action by the Court. All remaining hearings and deadlines set forth in the Initial Scheduling Order (Dkt. No. 102) are therefore hereby vacated.

2. In the event the PTO (i) denies inter partes review on all petitioned grounds for any claim of the '347 Patent, or (ii) dismisses an inter partes review proceeding in whole or in part following institution, AmNav intends to file a motion requesting that the Court lift this stay. All briefing and argument pertaining to such a motion shall be conducted according to the Federal Rules, Local Rules, and Standing Orders of this Court.

CASE MANAGEMENT ORDER

The above Stipulation Staying Case Pending Inter Partes Review Proceedings is Approved, and all parties shall comply with its Provisions.

IT IS SO ORDERED.