Asian Communications, et al v. Zi Corporation, et al

Filing 494

ORDER GRANTING ZI'S MOTION TO COMPEL ARBITRATION AND DENYING WITHOUT PREJUDICE (1) TEGIC'S MOTION FOR LEAVE TO FILE MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF CONSENT JUDGMENT AND (2) TEGIC'S MOTION FOR CONTEMPT. Signed by Judge Maxine M. Chesney on November 19, 2008. (mmclc2, COURT STAFF) (Filed on 11/19/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAYER BROWN LLP BRANDON D. BAUM (SBN 121318) baum@mayerbrown.com Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: (650) 331-2000 Facsimile: (650) 331 2060 SHARON A. ISRAEL (pro hac vice) sisrael@mayerbrown.com 700 Louisiana St. Suite 3400 Houston, TX 77002 Telephone: (713) 238-3000 Facsimile: (713) 238-4888 Attorneys for Defendants ZI CORPORATION, a Canadian corporation, and ZI CORPORATION OF AMERICA, INC., a Nevada corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN FRANCISCO DIVISION ASIAN COMMUNICATIONS PTY LTD., an Australian corporation, and TEGIC COMMUNICATIONS, INC., a Washington corporation,, Plaintiffs, v. ZI CORPORATION, a Canadian corporation, and ZI CORPORATION OF AMERICA, INC., a Nevada corporation, Defendants. Case No. 00-CV-0989 MMC [PROPOSED] ORDER GRANTING ZI'S MOTION TO COMPEL ARBITRATION AND DENYING WITHOUT PREJUDICE (1) TEGIC'S MOTION FOR LEAVE TO FILE MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF CONSENT JUDGMENT AND (2) TEGIC'S MOTION FOR CONTEMPT [PROPOSED] ORDER GRANTING MOTION TO COMPEL ARBITR ATION AND DENYING MOTION FOR LEAVE CASE NO. 00-CV-0989 MMC 44050787 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER The following motions came on regularly for hearing before this Court on Friday, November 7, 2008: (1) Plaintiff Tegic Communications, Inc.'s ("Tegic") Motion for Leave to File Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Consent Judgment ("Motion for Leave," dkt. no. 413); (2) Tegic's Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Consent Judgment ("Contempt Motion," dkt. no. 408); (3) Defendants Zi Corporation and Zi Corporation of America's (collectively "Zi") Cross-Motion to Compel Arbitration or, in the Alternative, Stay Proceedings Pending Arbitration ("Arbitration Motion," dkt. no. 449); and (4) Zi's Motion for Leave to File Surreply to Plaintiff's Reply in Support of Motion for Order to Show Cause ("Motion for Leave to File Surreply," dkt. no. 459). Having considered the parties' briefs and evidence in support of and in opposition to these motions, the arguments of counsel, the file in this case, and other matters of which the Court may take judicial notice, the Court: (1) GRANTS Zi's Motion for Leave to File Surreply; (2) ORDERS that the disputes arising out of or relating to the matters Tegic raised in its Motion for Leave and its Contempt Motion are referred to arbitration under the terms of the parties' Settlement Agreement, the parties remaining free to make jurisdictional objections in such arbitration. The Court makes no ruling as to whether any such issues are subject to arbitration; /// /// /// 44050787 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) DENIES, without prejudice, Tegic's Motion for Leave and Contempt Motion. IT IS SO ORDERED. Dated: November 19, 2008 Hon. Maxine M. Chesney U.S. District Judge APPROVED AS TO FORM: Dated: November 18, 2008 MAYER BROWN LLP By: Eric B. Evans MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Counsel for Defendants Zi Corporation and Zi Corporation of America, Inc. Dated: November 18, 2008 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Counsel for Plaintiff Tegic Communications, Inc. Filer's Attestation: Pursuant to General Order No. 45, Section X(B), the filer hereby attests that the signatories' concurrence in the filing of this document has been obtained. 44050787 2

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