Notice and [Propposed] Order Regarding Entry of Stay Pursuant to Filing of IPR; Order Setting Compliance Hearing

YVONNE GONZALEZ ROGERS, District Judge.

Defendant DISH Network L.L.C. ("DISH") hereby advises the Court and Plaintiff William Grecia of its intent to file a petition for inter partes review with the Patent Trial and Appeal Board challenging the validity of the sole patent-in-suit in this litigation (U.S. Patent No. 8,887,308) on or before July 31, 2016.

Pursuant to the Court's Bench Order of June 66, 2016, and the prior agreement of the parties, DISH respectfully requests that the Court enter a stay of this litigation pending the conclusion of the inter partes review (including exhaustion of any appeal rights by both parties). DISH understands that as a result of the stay based on its anticipated IPR filiing, it will be estopped from making invalidity arguments to the extent required by 35 U.S.C. section 315(e)(2).

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Court further SETS a compliance hearing regarding the status of defendant's petition for inter partes review with the Patent Trial and Appeal Board to be held on Friday, December 16, 2016 on the Court's 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, Courtroom 1.

By no later than December 9, 2016, the parties shall file either (a) a status update on defendant's petition for inter partes review with the Patent Trial and Appeal Board; or (b) a one-page joint statement setting forth an explanation for their failure to comply. If compliance is complete, the parties need not appear and the compliance hearing will be taken off calendar.

Telephonic appearances will be allowed if the parties have submitted a joint statement in a timely fashion. Failure to do so may result in sanctions.