Keithley v. The Home Store.Com, Inc. et al

Filing 837

ORDER re: statistics re 812 . Signed by Judge Illston on 11/3/08. (ts, COURT STAFF) (Filed on 11/4/2008)

Case 3:03-cv-04447-SI

Document 812

Filed 10/30/2008

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Scott R. Mosko (State Bar No. 106070) Scott A. Herbst (State Bar No. 226739) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hillview Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Luther Orton (State Bar No. 54258) Jennifer L. Shoda (State Bar No. 194469) SNYDER, MILLER & ORTON LLP 111 Sutter St., Suite 1950 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Bruce J. Rose (admitted pro hac vice) S. Benjamin Pleune (admitted pro hac vice) ALSTON & BIRD, LLP 101 South Tryon St, Suite 4000 Charlotte, North Carolina 28280-4000 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KEVIN KEITHLEY and TREN TECHNOLOGIES HOLDINGS, LLC, Plaintiffs, CASE No. C03-04447 SI (EDL) STIPULATION AND [PROPOSED] ORDER REGARDING STATISTICS

21 v. 22 THE HOMESTORE.COM, INC., et al., 23 Defendants. 24 25 26 27 28
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STIPULATION AND;[PROPOSED] ORDER Case No. C03-04447 SI (EDL)

Case 3:03-cv-04447-SI

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INTRODUCTION This stipulation concerns two sets of statistics that were cited in a pleading filed by Plaintiffs. One URL at which these statistics were located has been changed since this pleading was filed. Given this change of location, the parties to this stipulation provide copies of these statistics and their current URLs for the Court's convenience. STIPULATION IT IS HEREBY STIPULATED AS FOLLOWS: (1) On October 24, 2008, Plaintiffs filed a pleading entitled Opposition to Defendants'

Motion for Partial Summary Judgment Regarding Willfulness, Docket No. 805 ("Plaintiffs' Opposition"); (2) On page thirteen (13) of the above-referenced pleading, Plaintiffs cited to two (2)

reports of reexaminations. The first report concerns the USPTO's Performance and Accountability Report, 2007, which is now available at http://www.uspto.gov/web/offices/com/annual/2007/index.html. Table 13A, specifically referenced in Plaintiffs' Opposition is available at http://www.uspto.gov/web/offices/com/annual/2007/50313a_table13a.html. A true and correct copy of Table 13 of this report is attached as Exhibit A to this stipulation. Plaintiffs also cited reexamination statistics. The URL of this report was subsequently changed. The report, now available at http://www.uspto.gov/web/patents/documents/ex_parte.pdf, is attached as Exhibit B to this stipulation; and /// /// /// /// /// /// /// /// 1
STIPULATION AND [PROPOSED] ORDER Case No. C03-04447 SI (EDL)

Case 3:03-cv-04447-SI

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(3)

The parties stipulate that these statistics as found in the above-referenced URLs, also

attached as Exhibits A and B hereto, may be considered by the Court in this case as the Court deems necessary as if they had been attached as exhibits to Plaintiffs' Opposition. The parties stipulate, however, that Defendants may challenge Exhibits A and B hereto as they normally would be entitled to do, including preserving all rights under the Federal Rules of Evidence including whether or not these reports were actually published by the USPTO.1

Dated: October 30, 2008

FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.

By:

/s/ Scott R. Mosko Attorney for Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC\

SYNDER, MILLER & ORTON LLP

By:

/s/ Bruce J. Rose Attorneys for Defendants Homestore.com, Inc; The National Association of Realtors; and The National Association of Home Builders of the United States

I declare under penalty of perjury that Defendants' counsel has authorized me to file this stipulation with counsel's signature. /s/ Scott R. Mosko

Defendants take no position as to the authenticity of these documents or the statistics they purport to contain therein.
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STIPULATION AND [PROPOSED] ORDER Case No. C03-04447 SI (EDL)

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[PROPOSED] ORDER The Court hereby enters into the record Exhibits A and B attached to the Parties' Stipulation,

3 corresponding to the reports cited on page thirteen of Plaintiffs' Opposition to Defendants' Motion 4 for Partial Summary Judgment Regarding Willfulness (Dkt. 805) filed October 24, 2008. 5 6 IT IS SO ORDERED 7 8 9 Dated: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Hon. Susan Illston United States District Judge

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STIPULATION AND [PROPOSED] ORDER Case No. C03-04447 SI (EDL)