Mount Hamilton Partners, LLC v. OpenTable, Inc.

Filing 39

ORDER by Judge Jeffrey S. White granting 30 Motion to Stay (jswlc1, COURT STAFF) (Filed on 12/3/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MOUNT HAMILTON PARTNERS, LLC, Plaintiff, v. OPENTABLE, INC., Defendant. AND RELATED COUNTERCLAIMS ORDER GRANTING DEFENDANT'S MOTION TO STAY ALL PROCEEDINGS PENDING REEXAMINATION OF PATENT-IN-SUIT / No. C 09-02074 JSW United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Now before the Court is the motion to stay pending reexamination of United States Patents Nos. 6,741,969 filed by OpenTable, Inc. Mount Hamilton Partners, LLC filed a statement of non-opposition. The Court finds that this matter is appropriate for disposition without oral argument and it is hereby deemed submitted. See Civ. L.R. 7-1(b). Accordingly, the hearing set for December 4, 2009 is HEREBY VACATED. Having carefully reviewed the parties' papers and considered their arguments and the relevant legal authority, and good cause appearing, the Court hereby GRANTS OpenTable's motion to stay all proceedings pending reexamination. This action is HEREBY STAYED from the date of this Order until further notice. The Court HEREBY ORDERS the parties to submit a joint status report regarding the /// /// /// 1 2 3 4 5 6 7 8 9 10 status of the reexamination proceedings every 120 days, or sooner if the PTO issues a final decision with respect to the patent-in-suit, until the stay in this case is lifted. IT IS SO ORDERED. Dated: December 3, 2009 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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