Mekiki Co. Ltd. et al v. Facebook Inc.

Filing 63

STIPULATION and Proposed Order selecting Private ADR by Mekiki Co. Ltd., Mekiki Creates Co. Ltd. (Florance, Scott) (Filed on 10/29/2010)

Mekiki Co. Ltd. et al v. Facebook Inc.

Doc. 63

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 FACEBOOK, INC., i6 17 18 19 20 21 22 23 24 25 26 27 28
03847.22857!'.3751461.2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

MEK1K1 CO., LTD and MEKIKT CREATES CO., LTD., Plaintiffs and Counter-Defendants, v.

Case No. 5:10-cv-2721-LHK (HRL)

STIPULA'T'ED REQUEST FOR ADR PROCEDURE

Defendant and Counterclairrzant.

STIPULATED REOUEST FOR ADR PROCEDURE (5:1Q-cv-2721 LHK lHRLII

Dockets.Justia.com

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WHEREAS on September 9, 2010, the parties filed a Notice Of Need For ADR Phone
Conference because they had not yet reached an agreement to an ADR process; WHEREAS on September 15, 2010, the parties attended a phone conference with ADR Program Staff Attorney Robin W. Siefkin; WHEREAS on the phone conference, with the assistance of Ms, Siefkin, the parties reached agreement that private mediation was the ADR process most likely to result in resolution of the disputed issues in the above-captioned matter; WHEREAS the parties further agree that a private mediator selected by the parties is more

9 ^ likely to have the requisite experience and time to fully understand and explore the complicated issues 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2f 27 28
03847.2285713751461.2

that typically arise in a patent infringement case; WHEREAS the parties further agree that the timing of a private mediation session is an important factor in the likelihood of success of such a procedure; WHEREAS the parties further agree that a private mediation session that takes place after the Court issues its order on claim construction is mare likely to succeed than a private mediation session held at an earlier date; WHEREAS the parties further agree that the Court's claim construction will reduce uncertainty with respect to the merits of the parties' claims and counterclaims regarding infringement of the patents-in-suit; WHEREAS the parties further agree that the Court's claim construction will reduce uncertainty with respect to the merits of Facebook' s counterclaims regarding invalidity of the patents- in-suit;

IT IS HERBY STIPULATED by the parties, subject to the approval of the Court, that:
1. The parties shall meet and confer regarding selection of a private mediator at least ninety (90 days) before the Claim Construction Hearing; 2. The parties shall mutually select a private mediator at least sixty (60) days before the Claim Construction Hearing; 3. The parties shall participate in a mediation with the mutually selected private mediator within no later than sixty (60} days after the issuance of the Court's Claim Construction Order.

STIPULATED REOUES"1' FOR ADR PROCEDURE (S:1D-cv-2721 LHK ^HRLI)

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Dated : October 29, 2010 QUINN EMANUEL URQUHART & SULLIVAN, LLP COOLEY LLP

4 /s/ Harald A. Barza Harold A. Barza {Bar No. 80888} 5 Attorneys for Plaintiff and Counter6 Defendants MEKIKI CO., LTD and MEKIKI CREATES CO., LTD: 7 8 9

/s/ Heidi L. Keefe

Heidi L. Keefe (Bar No. 178960)
Attorneys for Defendant and Counterclaimant FACEBOOK, INC.

PURSUANT TO STIPULATION IT IS SO ORDERED: IO Dated: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
03847.228571375146!.2

The Honorable Lucy H. Koh United States District Judge

-^STIPULATED REQUEST FOR ADR PROCEDURE (5:10-c^-2721 LHK fHRLI^

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03847.2285713751461.2 ^ I

ATTESTATION CLAUSE I, Scott A. Florance , hereby attest in accordance with General Order No . 45.X(B) that Heidi L. Keefe, counsel for Defendant and Counterclaimant Facebook,Inc., and Harold A. Barza , counsel for Plaintiffs and Counter _ Defendants Mekiki Co. Ltd and Mekiki Creates Co., Ltd, have provided their concurrence with the electronic fling of the foregoing dociunent.

Dated: October 29, 2010

By: /s/Scott A. Florance Scott A. Florance

_4_

STIPULATED REQUEST 1:OR ADR PROCEDURE (5:10-cv-2721 LHK (HRL11