Filed: Jan. 29, 2020
Latest Update: Jan. 29, 2020
Summary: DROPBOX, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION; ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Local Rule 7-11, Defendant Dropbox, Inc. ("Dropbox") respectfully moves the Court for leave to file the attached Statement of Recent Decision regarding the Federal Circuit's recent precedential opinion in Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Nos. 2018-2215, 2018-2254 (Fed. Cir. Jan. 13, 2020) (attached as Exhibit A to the State
Summary: DROPBOX, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION; ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Local Rule 7-11, Defendant Dropbox, Inc. ("Dropbox") respectfully moves the Court for leave to file the attached Statement of Recent Decision regarding the Federal Circuit's recent precedential opinion in Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Nos. 2018-2215, 2018-2254 (Fed. Cir. Jan. 13, 2020) (attached as Exhibit A to the Statem..
More
DROPBOX, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION; ORDER
HAYWOOD S. GILLIAM, JR., District Judge.
Pursuant to Local Rule 7-11, Defendant Dropbox, Inc. ("Dropbox") respectfully moves the Court for leave to file the attached Statement of Recent Decision regarding the Federal Circuit's recent precedential opinion in Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Nos. 2018-2215, 2018-2254 (Fed. Cir. Jan. 13, 2020) (attached as Exhibit A to the Statement of Recent Decision). The Federal Circuit's decision in Eko Brands is relevant to Dropbox's pending Motion for Attorney's Fees pursuant to 35 U.S.C. § 285, Dkt. No. 436.1 Specifically, in Eko Brands the Federal Circuit affirmed a district court's decision to award attorney's fees pursuant to § 285 "because of [a patentee's] unreasonable pursuit of its infringement claims" after claim construction foreclosed them. Slip op. at 8-10; see Eko Brands v. Adrian Rivera Maynez Enters., Inc., Case No. C15-522RSL, ECF No. 130 (W.D. Wash. Nov. 3, 2016) (attached as Exhibit B to the Statement of Recent Decision).
Counsel for Plaintiff Synchronoss Technologies, Inc. ("Synchronoss") has indicated that Synchronoss does not oppose this Motion.
For the foregoing reasons, Dropbox respectfully requests permission to file the attached Statement of Recent Decision citing the Federal Circuit's opinion in Eko Brands.
Dated: January 28, 2020 Respectfully submitted,
By: /s/ Thomas H. L. Selby
Thomas H. L. Selby (Pro Hac Vice)
David M. Krinsky (Pro Hac Vice)
Adam D. Harber (Pro Hac Vice)
Christopher J. Mandernach (Pro Hac Vice)
Sarah L. O'Connor (Pro Hac Vice)
D. Shayon Ghosh (SBN 313628)
WILLIAMS & CONNOLLY LLP
Jonathan A. Patchen (SBN 237346)
BAKER BOTTS LLP
Attorneys for Defendant DROPBOX, INC.
ATTESTATION
I, D. Shayon Ghosh, am the ECF user whose ID and password are being used to file the above DROPBOX, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that each listed counsel above has concurred in this filing.
ORDER
THIS MATTER, having come before the Court upon Defendant Dropbox, Inc.'s Unopposed Motion for Leave to File Statement of Recent Decision, and the Court having reviewed the papers submitted on the Motion, and good cause having been shown,
IT IS ORDERED that Dropbox, Inc.'s Unopposed Motion for Leave to File Statement of Recent Decision is GRANTED.
SO ORDERED.
