Mformation Technologies, Inc. v. Research in Motion Limited et al

Filing 1166

STIPULATION AND ORDER re 1165 STIPULATION WITH PROPOSED ORDER REGARDING PAYMENT OF TAXED COSTS filed by BlackBerry Corporation, BlackBerry Limited. Signed by Judge Edward M. Chen on 2/23/15. (bpf, COURT STAFF) (Filed on 2/23/2015)

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Patrick F. Philbin (pro hac vice)
KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, D.C. 20005
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Meredith Zinanni (pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendants and Counterclaim Plaintiffs
BLACKBERRY LIMITED and
BLACKBERRY CORPORATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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MFORMATION TECHNOLOGIES, INC., a
Delaware corporation,

Jury Trial Demanded
AND
MFORMATION SOFTWARE TECHNOLOGIES,
INC., a Delaware corporation

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Plaintiffs and Counterclaim Defendants

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v.

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Case No. 3:08-CV-04990

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BLACKBERRY LIMITED, a
Canadian corporation

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STIPULATION AND PROPOSED
ORDER REGARDING PAYMENT
OF TAXED COSTS

AND

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BLACKBERRY CORPORATION,
a Delaware corporation,
Defendants and Counterclaim Plaintiffs.

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Payment of Taxed Costs

Case No. 3:08-CV-04990

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WHEREAS this Court taxed costs against Plaintiff Mformation Technologies, Inc. (“MT”)
on October 16, 2012, in the amount of $206,363.28 (Dkt. 1115);

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WHEREAS Mformation Software Technologies, Inc. (“MST”) was joined as Co-Plaintiff in
this litigation on August 29, 2013 (Dkt. 1162);

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WHEREAS the U.S. Court of Appeals for the Federal Circuit affirmed this Court’s judgment

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and held that “MT and MST are jointly and severally liable for the $206,363.28 in costs awarded

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below,” Mformation Technologies, Inc. v. Research in Motion Ltd, 764 F.3d 1392, 1400 (Fed. Cir.

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2014);

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WHEREAS Defendants BlackBerry Ltd. and BlackBerry Corp. (collectively, “BlackBerry”)

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have conferred with MST concerning payment of the costs and have agreed to accommodate MST’s

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request for an extended schedule for paying said costs; and

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WHEREAS MST and BlackBerry jointly request that this Court enter an order enforcing the
parties’ agreement regarding payment of the taxed costs;

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THEREFORE the parties agree and jointly stipulate as follows:

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1.

MST is liable for payment of the taxed costs.

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2.

MST acknowledges that it is liable for the interest accrued at the rate specified by 28

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U.S.C. § 1961(a) from October 16, 2012.
3.

MST shall pay 10% of the total amount due (i.e. $20,636.33) on or before

February 25, 2015.
4.

MST shall pay the remaining amount due (i.e., $185,726.95) plus interest (i.e.,

$964.35) on or before May 29, 2015.
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Payments under this stipulation shall be in full satisfaction for all claims and

reimbursement requests related to this matter.

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Payment of Taxed Costs

Case No. 3:08-CV-04990

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DATED: February 20, 2015

WEIL, GOTSHAL & MANGES LLP

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By:

/s/ Edward R. Reines
Edward R. Reines

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Attorney for Mformation Software Technologies,
Inc.

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DATED: February 20, 2015

KIRKLAND & ELLIS LLP

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By:

/s/ Patrick F. Philbin
Patrick F. Philbin
Meredith Zinanni

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Attorneys for BlackBerry Limited and BlackBerry
Corporation

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Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Meredith
Zinanni hereby attests that concurrence in the filing of this document has been obtained.

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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2/23

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United States District Judge

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Payment of Taxed Costs

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Case No. 3:08-CV-04990

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CERTIFICATE OF SERVICE
I hereby certify on this 20th day of February, 2015 that a copy of the foregoing was filed

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electronically through the Court’s CM/ECF system, with notice of case activity automatically

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generated and sent electronically to all parties.

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DATED: February 20, 2015

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KIRKLAND & ELLIS LLP
Respectfully submitted,
/s/ Cassandra Milleville
Cassandra Milleville
Legal Assistant

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Patrick F. Philbin (pro hac vice)
KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, D.C. 20005
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Meredith Zinanni (pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Defendants and Counterclaim Plaintiffs
BlackBerry Limited and BlackBerry Corporation

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Payment of Taxed Costs

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Case No. 3:08-CV-04990