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Google Inc. v. Infogation Corp., 3:16-cv-05821-VC. (2016)

Court: District Court, N.D. California Number: infdco20161230a45 Visitors: 6
Filed: Dec. 29, 2016
Latest Update: Dec. 29, 2016
Summary: STIPULATION AND [PROPOSED] ORDER RE SUPPLEMENTAL BRIEFING ON INFOGATION'S MOTION TO DISMISS VINCE CHHABRIA , District Judge . Plaintiff Google Inc. ("Google") and defendant InfoGation Corp. ("InfoGation") agree and stipulate that: 1. On November 9, 2016, Defendant InfoGation Corp. ("InfoGation") filed a Motion to Dismiss the Complaint for Lack of Jurisdiction ("Motion to Dismiss"); 2. On November 30, 2016, Google Inc. ("Google") filed an Opposition to InfoGation's Motion to Dismiss ("Oppo
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STIPULATION AND [PROPOSED] ORDER RE SUPPLEMENTAL BRIEFING ON INFOGATION'S MOTION TO DISMISS

Plaintiff Google Inc. ("Google") and defendant InfoGation Corp. ("InfoGation") agree and stipulate that:

1. On November 9, 2016, Defendant InfoGation Corp. ("InfoGation") filed a Motion to Dismiss the Complaint for Lack of Jurisdiction ("Motion to Dismiss");

2. On November 30, 2016, Google Inc. ("Google") filed an Opposition to InfoGation's Motion to Dismiss ("Opposition");

3. On December 7, 2016, InfoGation filed a Reply in Support of its Motion to Dismiss ("Reply");

4. There have been two developments since the submission of these briefs that may have bearing on the court's decision on the Motion to Dismiss.

5. First, in the cases proceeding between InfoGation, as plaintiff, and three smartphone manufacturers, HTC, ZTE, and Huawei, as defendants (the "Southern District Defendants"), in the Southern District of California (Case Nos. 3:16-cv-01901, 3:16-cv-01902, and 3:16-cv-01903) (collectively, "the Southern District Cases"), InfoGation served infringement contentions on the Southern District Defendants. Google requested copies of these infringement contentions on December 12, 2016, and was provided with copies on December 14, 2016.

6. Second, the Southern District Defendants had previously filed motions to stay the Southern District Cases pending resolution of this case ("Motions to Stay"). On December 21, 2016, the Court in the Southern District Cases issued identical orders in each of the three actions denying the Southern District Defendants' Motions to Stay.

7. The parties have agreed to submit InfoGation's infringement contentions from the Southern District Cases, as well as the orders denying the Southern District Defendants' Motions to Stay, along with minimal briefing by each party.

8. InfoGation's brief, to be considered as supplementation of its Motion to Dismiss and Reply, is attached as "Exhibit A."

9. Google's brief, to be considered as supplementation of its Opposition, is attached as "Exhibit B."

10. InfoGation's infringement contentions from the three Southern District Cases are attached as "Exhibit C," "Exhibit D," and "Exhibit E."

11. The orders denying the Southern District Defendants' Motions to Stay are attached as "Exhibit F," "Exhibit G," and "Exhibit H."

FILER'S ATTESTATION

Pursuant to Local Rule 5-1(i)(3), I hereby attest that the other signatory listed, on whose behalf the filing is submitted, concurs in the filing's content and has authorized the filing.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties' supplemental briefs, in the form of the attached Exhibits A and B, shall be filed within three days from this Order.

Source:  Leagle

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