STIPULATION [AND PROPOSED ORDER] STAYING LITIGATION PENDING INTER PARTES REVIEWS

HAYWOOD S. GILLIAM, JR., District Judge.

WHEREAS Plaintiff Hypermedia Navigation LLC ("Hypermedia") filed a Complaint against Defendant Facebook, Inc. ("Facebook") alleging infringement of U.S. Patent Nos. 7,383,323, 7,383,324, 7,424,523, 7,478,144, 7,769,830, 8,250,173, and 9,083,672 (collectively the "Original Complaint Patents-in-Suit") (Dkt. No. 1);

WHEREAS Hypermedia filed an Amended Complaint against Facebook alleging infringement of U.S. Patent Nos. 9,772,814, and 9,864,575 (collectively the "Amended Complaint Patents-in-Suit") (Dkt. No. 59);

WHEREAS Facebook filed Petitions for Inter Partes Review ("IPR") of each of the Original Complaint Patents-in-Suit;

WHEREAS Facebook will file Petitions for IPR of both of the Amended Complaint Patents-in-Suit from within 30 days of entry of this Stipulation as an Order by the Court;

WHEREAS pursuant to 35 U.S.C. §§ 313-314 and 37 C.F.R. § 42.107(b), the Patent Trial and Appeal Board ("PTAB") must determine whether to institute an IPR proceeding within six months of the accorded filing date of a Petition;

WHEREAS Hypermedia and Facebook have met and conferred and discussed ways to conserve judicial and party resources and promote judicial economy;

WHEREAS this case is still in its early stages, very limited substantive written discovery has taken place, no depositions have been noticed or taken, no expert discovery has occurred, claim construction briefing is in early stages, and no Markman hearing has taken place or Markman order issued; and

WHEREAS the parties agree to stay all deadlines pending issuance of institution decisions by the PTAB on Facebook's Petitions for IPR;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties and subject to the approval of the Court, that:

1. All deadlines and hearings in this action are STAYED until further order of the Court pending issuance of the institution decisions under 35 U.S.C. § 314 in Facebook's Petitions for IPR of all Patents-in-Suit;

2. Within 30 days of issuance of institution decisions in Facebook's Petitions for IPR of all Patents-in-Suit, Facebook and Hypermedia will meet and confer to discuss next steps in light of the PTAB institution decisions and submit a Case Management update to the Court; and

3. Facebook agrees to file Petitions for IPR of the Amended Complaint Patents-in-Suit within 30 days of entry of this Stipulation as an Order by the Court.

IT IS SO STIPULATED, through Counsel of Record.

FILER'S ATTESTATION

Pursuant to Civil Local Rules 5.1(i)(3), I attest that concurrence in the filing of this document has been obtained from each of the other signatories above.

ORDER

Pursuant to Stipulation, IT IS SO ORDERED.