j2 Global Communications, Inc. v. Savetz Publishing, Inc.

Filing 29

STIPULATION AND ORDER re 28 Proposed Order filed by j2 Global Communications, Inc.. Signed by Magistrate Judge Elizabeth D. Laporte on February 4, 2009. (edllc2, COURT STAFF) (Filed on 2/4/2009)

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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 JOHN C. BROWN (State Bar # 195804) REDENBACHER & BROWN, LLP 580 California Street, Suite 1600 San Francisco, California 94104 Phone: (415) 409-8600 Facsimile: (415) 520-0141 Email: jbrown@redbrownlaw.com Attorneys for Plaintiff, j2 GLOBAL COMMUNICATIONS, INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION j2 GLOBAL COMMUNICATIONS, INC., Civil Action No.: C 08-04469 EDL Plaintiff, vs. SAVETZ PUBLISHING, INC., Defendant. PROPOSED STIPULATION AND ORDER FOR FILING BY j2 GLOBAL COMMUNICATIONS, INC. OF FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS AND FOR RESETTING DUE DATES UNDER THE PATENT LOCAL RULES COME NOW plaintiff j2 Global Communications, Inc. ("j2") and defendant Savetz Publishing, Inc. ("Savetz"), by and through their respective undersigned attorneys, and hereby jointly stipulate and agree that j2 be permitted to file its First Amended Complaint, a true and correct copy of which is attached hereto as Exhibit 1, and that there is no opposition to its doing so. It is further stipulated that Savetz will file its pleading in response to the First Amended Complaint within twenty days of the filing by j2 of its First Amended Complaint. However, the parties agree that the date set for mediation shall remain March 27, 2009. Further, since the First Amended Complaint is asserting a second patent, in order to make the application of, and the due dates under, the Patent Local Rules the same for both patents, 1 PROPOSED STIPULATION AND ORDER FOR FILING BY j2 GLOBAL COMMUNICATIONS, INC. OF FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL 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 thereby conserving judicial resources for claim construction and making the application of the Patent Local Rules more efficient, the parties stipulate and agree that j2's disclosure of Asserted Claims and Infringement Contentions pursuant to Patent L.R. 3-1 and 3-2 are due 60 days after the date of filing of the First Amended Complaint, and Savetz's Invalidity Contentions pursuant to Patent L.R. 3-3 and 3-4 for both patents at issue are due 105 days after the date of filing of the First Amended Complaint. The remainder of the due dates in the Patent Local Rules will be determined based upon the date of service of Savetz's Invalidity Contentions. Therefore, pursuant to Patent Local Rule 1-3, the parties request the Court to modify the deadlines under the Patent Local Rules in accordance with the parties' stipulation above. Dated: February 3, 2009 REDENBACHER & BROWN, LLP By: JOHN C. BROWN Attorneys for Plaintiff/CounterclaimDefendant j2 GLOBAL COMMUNICATIONS, INC. Dated: February 3, 2009 OWENS TARABICHI LLP \s\ By: DAVID OWENS Attorneys for Defendant/Counterclaimant SAVETZ PUBLISHING, INC. IT IS SO ORDERED. February 4, 2009 Dated: _______________ UNIT ED S ISTRIC ES D TC AT T ER N F D IS T IC T O R A C LI FO Judge E lizabeth D. Lapo rte R NIA T IS SO Honorable IElizabeth D. Laporte NO ORDER ED RT U O PROPOSED STIPULATION AND ORDER FOR FILING BY j2 GLOBAL COMMUNICATIONS, INC. OF FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL RT H 2 EXHIBIT 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 JOHN C. BROWN (State Bar # 195804) REDENBACHER & BROWN, LLP 580 California Street, Suite 1600 San Francisco, California 94104 Phone: (415) 409-8600 Facsimile: (415) 520-0141 Email: jbrown@redbrownlaw.com Attorneys for Plaintiff, j2 GLOBAL COMMUNICATIONS, INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION j2 GLOBAL COMMUNICATIONS, INC., Civil Action No.: C 08-04469 EDL Plaintiff, vs. SAVETZ PUBLISHING, INC., Defendant. FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS (DEMAND FOR JURY TRIAL) Plaintiff j2 GLOBAL COMMUNICATIONS, INC. alleges: PARTIES 1. Plaintiff j2 GLOBAL COMMUNICATIONS, INC. ("j2") is a Delaware for-profit corporation with its principal place of business in Los Angeles, California. j2 is the owner, by assignment, of all right, title, and interest in and to the following United States Patents, including the right to bring suit for patent infringement: United States Patent No. 6,564,193 ("the `193 patent") and United States Patent No. 7,020,132 ("the `132 patent"). 2. Defendant SAVETZ PUBLISHING, INC. ("Savetz") is a California corporation. Upon information and belief, Savetz's principal place of business is in Blue Lake, California. 1 FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL 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 5. 4. 3. JURISDICTION This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code. This Court has subject matter jurisdiction over all causes of action set forth herein pursuant to 28 U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 1, et seq. VENUE Venue is proper in this judicial district and division pursuant to 28 U.S.C. 1391(b) and (c) and 1400(b) in that Savetz has done business in this district, it has its principal place of business in this district upon information and belief, it has committed acts of infringement in this district, and it continues to commit acts of infringement in this district, entitling j2 to relief. COUNT ONE: INFRINGEMENT OF U.S. PATENT NO. 6,564,193 j2 realleges and incorporates herein the allegations of paragraphs 1 through 4 of this Complaint as if fully set forth herein. 6. j2 holds and at all times relevant hereto has held all rights and interest in the `193 patent for "System for and Method of, Using the Internet System to Provide for the Transmission of a Facsimile Message." A true and correct copy of the `193 patent is attached as Exhibit A. 7. Upon information and belief, Savetz has directly and/or indirectly infringed and continues to directly and/or indirectly infringe the `193 patent. The infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of Savetz's FaxZero.com Internet Fax Service. 8. Each of Savetz's acts of infringement has been willful, in that j2 has given Savetz written and oral notice of its infringement, but Savetz has continued the infringement. Savetz has had actual knowledge of its infringement, and it received written notification of information 2 FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL 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 sufficient to persuade a reasonable person that it was infringing on j2's patent. 9. The acts of infringement of the `193 patent by Savetz have caused damage to j2 and j2 is entitled to recover from Savetz the damages sustained by j2 as a result of Savetz's wrongful acts in an amount subject to proof at trial. 10. Savetz will continue to infringe the `193 patent unless enjoined by this Court. The infringement of j2's exclusive rights under the `193 patent by Savetz will continue to damage j2, causing irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court. COUNT TWO: INFRINGEMENT OF U.S. PATENT NO. 7,020,132 11. j2 realleges and incorporates herein the allegations of paragraphs 1 through 4 of this Complaint as if fully set forth herein. 12. j2 holds and at all times relevant hereto has held all rights and interest in the `132 patent for "Scalable Architecture for Transmission of Messages Over a Network." A true and correct copy of the `132 patent is attached hereto as Exhibit B. 13. Upon information and belief, Savetz has indirectly infringed and continues to indirectly infringe the `132 patent. The infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of Savetz's FaxZero.com Internet Fax Service and inducement of infringement by offering access to a network over which one can transmit emails that are received as facsimiles. 14. Each of Savetz's acts of infringement has been willful, in that, upon information and belief, Savetz has had notice and/or actual knowledge of its infringement, but Savetz has continued the infringement. 15. The acts of infringement of the `132 patent by Savetz have caused damage to j2 and j2 is entitled to recover from Savetz the damages sustained by j2 as a result of Savetz's 3 FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL 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 wrongful acts in an amount subject to proof at trial. 16. Savetz will continue to infringe the `132 patent unless enjoined by this Court. The infringement of j2's exclusive rights under the `132 patent by Savetz will continue to damage j2, causing irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court. PRAYER WHEREFORE, plaintiff j2 GLOBAL COMMUNICATIONS, INC. prays for judgment against defendant SAVETZ PUBLISHING, INC. as follows: 1. That SAVETZ PUBLISHING, INC. has infringed both the `193 Patent and the `132 Patent under 35 U.S.C. 271 and that the Court enter judgment of infringement against it; 2. That, pursuant to 35 U.S.C. 283, injunctions, preliminary and permanent, be issued by this Court restraining SAVETZ PUBLISHING, INC., its respective officers, agents, servants, directors, and employees, and all persons in active concert or participation with it, from directly or indirectly infringing, or inducing or contributing to the infringement by others, of the `193 Patent and of the `132 patent; 3. That SAVETZ PUBLISHING, INC. be required to provide j2 an accounting of all gains, profits and advantages derived by its infringement of the `193 Patent and of the `132 Patent, and that j2 be awarded damages adequate to compensate j2 for the wrongful infringing acts by SAVETZ PUBLISHING, INC., in accordance with 35 U.S.C. 284, along with treble damages; 4. 5. That j2 be awarded pre-judgment and post-judgment interest; That the Court find that this case is exceptional and award j2 its reasonable attorneys' fees pursuant to 35 U.S.C. 285; 6. 7. That j2 be awarded costs of suit incurred in this action; and, That j2 be awarded such other relief as the court deems just, equitable, and proper. 4 FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL 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 Date: January 21, 2009 REDENBACHER & BROWN, LLP By JOHN C. BROWN Attorneys for Plaintiff j2 GLOBAL COMMUNICATIONS, INC. 5 FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL 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 DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial as provided by Rule 38 of the Federal Rules of Civil Procedure. Date: January 21, 2009 REDENBACHER & BROWN, LLP By: JOHN C. BROWN Attorneys for Plaintiff j2 GLOBAL COMMUNICATIONS, INC. 6 FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF PATENTS; C 08-04469 EDL EXHIBIT A EXHIBIT B

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