Filed: Feb. 08, 2018
Latest Update: Feb. 08, 2018
Summary: STIPULATION AND [PROPOSED] ORDER RE: STAY OF PATENT ACTIONS JON S. TIGAR , District Judge . STIPULATION WHEREAS, in Case Nos. 3:15-CV-02897-JST (KAW) and 3:15-CV-05585-JST (KAW) (the "Patent Actions"), Plaintiffs [24]7.ai, Inc. and 24/7 Customer International Holdings, Ltd. ("[24]7") presently assert infringement of two patents, including U.S. Patent No. 9,077,804 (the "'804 Patent"); WHEREAS, Defendant LivePerson, Inc. ("LivePerson") challenged the validity of the '804 Patent in an
Summary: STIPULATION AND [PROPOSED] ORDER RE: STAY OF PATENT ACTIONS JON S. TIGAR , District Judge . STIPULATION WHEREAS, in Case Nos. 3:15-CV-02897-JST (KAW) and 3:15-CV-05585-JST (KAW) (the "Patent Actions"), Plaintiffs [24]7.ai, Inc. and 24/7 Customer International Holdings, Ltd. ("[24]7") presently assert infringement of two patents, including U.S. Patent No. 9,077,804 (the "'804 Patent"); WHEREAS, Defendant LivePerson, Inc. ("LivePerson") challenged the validity of the '804 Patent in an ..
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STIPULATION AND [PROPOSED] ORDER RE: STAY OF PATENT ACTIONS
JON S. TIGAR, District Judge.
STIPULATION
WHEREAS, in Case Nos. 3:15-CV-02897-JST (KAW) and 3:15-CV-05585-JST (KAW) (the "Patent Actions"), Plaintiffs [24]7.ai, Inc. and 24/7 Customer International Holdings, Ltd. ("[24]7") presently assert infringement of two patents, including U.S. Patent No. 9,077,804 (the "'804 Patent");
WHEREAS, Defendant LivePerson, Inc. ("LivePerson") challenged the validity of the '804 Patent in an inter partes review proceeding before the Patent Trial and Appeal Board (IPR2017-00610), and the Board instituted inter partes review of claims 1-3, 5, 8, 9, and 16 of the '804 Patent;
WHEREAS, the inter partes review could invalidate certain of the asserted claims of the '804 Patent, rendering unnecessary further proceedings on those claims in the Patent Actions;
WHEREAS, the Court's February 8, 2018 Case Management Order (Dkt. No. 178) set the trial date for the Patent Actions to occur after the resolution of post-trial motions in Case No. 3:17-cv-01268-JUST (KAW) (the "Trade Secret Action");
The parties, subject to the approval of the Court, hereby agree and stipulate as follows:
1. Following the close of fact discovery, Case Nos. 3:15-CV-02897-JST (KAW) and 3:15-CV-05585-JST (KAW) shall be stayed. All pending deadlines in the Patent Actions other than the close of fact discovery are vacated, including the following:
• [24]7 to reduce asserted patent claims in Patent Actions to no more than four claims per patent
• Opening expert reports in Patent Actions and LivePerson to reduce asserted prior art references to no more than five per patent
• Rebuttal expert reports in Patent Actions
• Close of expert discovery
• Last day to file motion to compel expert discovery
• Dispositive motion deadline
• Dispositive motion opposition deadline
• Dispositive motion reply deadline
• Daubert motion deadline
• Daubert opposition deadline
• Daubert reply deadline
• Joint pretrial statement due
• In limine motions due
• Pretrial conference
• Parties to deliver three sets of pre-marked exhibits to the Courtroom Deputy
• Trial
2. Upon resolution of post-trial motions in Case No. 3:17-cv-01268-JST (KAW), the Court will lift the stay on the Patent Actions and set a Case Management Conference. The parties shall submit a Joint Case Management Statement and Proposed Order that includes their proposed schedule(s) for [24]7 to amend its selection of asserted claims, LivePerson to select its asserted prior art references, expert reports and discovery, summary judgement motions, and trial in the Patent Actions. Plaintiff [24]7 may amend its selection of asserted claims to assert no more than four claims per asserted patent. [24]7 must select the four claims per asserted patent from the list of asserted claims identified in [24]7's Identification of Asserted Claims, dated September 15, 2016.
SO STIPULATED.
ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this document has been obtained from Sharre Lotfollahi of Kirkland & Ellis, counsel for LivePerson.
ORDER
1. Following the close of fact discovery, Case Nos. 3:15-CV-02897-JST (KAW) and 3:15-CV-05585-JST (KAW) shall be stayed. All pending deadlines in the Patent Actions other than the close of fact discovery are vacated, including the following:
• [24]7 to reduce asserted patent claims in Patent Actions to no more than four claims per patent
• Opening expert reports in Patent Actions and LivePerson to reduce asserted prior art references to no more than five per patent
• Rebuttal expert reports in Patent Actions
• Close of expert discovery
• Last day to file motion to compel expert discovery
• Dispositive motion deadline
• Dispositive motion opposition deadline
• Dispositive motion reply deadline
• Daubert motion deadline
• Daubert opposition deadline
• Daubert reply deadline
• Joint pretrial statement due
• In limine motions due
• Pretrial conference
• Parties to deliver three sets of pre-marked exhibits to the Courtroom Deputy
• Trial
2. Upon resolution of post-trial motions in Case No. 3:17-cv-01268-JST (KAW), the Court will lift the stay on the Patent Actions and set a Case Management Conference. The parties shall submit a Joint Case Management Statement and Proposed Order that includes their proposed schedule(s) for [24]7 to amend its selection of asserted claims, LivePerson to select its asserted prior art references, expert reports and discovery, summary judgement motions, and trial in the Patent Actions. Plaintiff [24]7 may amend its selection of asserted claims to assert no more than four claims per asserted patent. [24]7 must select the four claims per asserted patent from the list of asserted claims identified in [24]7's Identification of Asserted Claims, dated September 15, 2016.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
