EIT Holdings LLC v. Ticketmaster L.L.C.
Filing
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STIPULATION AND ORDER re 36 STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL filed by Ticketmaster L.L.C. CASE STAYED UNTIL 5 COURT DAYS AFTER JUDGEMENT ON APPEAL OF S.J. IN CASE 10-CV-5623-WHA. Signed by Judge Elizabeth D Laporte on 1/26/2012. (kns, COURT STAFF) (Filed on 1/26/2012)
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DURIE TANGRI LLP
DARALYN J DURIE (SBN 169825)
ddurie@durietangri.com
RYAN M. KENT (SBN 220441)
rkent@durietangri.com
EUGENE NOVIKOV (SBN 257849)
enovikov@durietangri.com
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: 415-362-6666
Facsimile:
415-236-6300
Mark W. Good (State Bar No. 218809)
Benedict O’Mahoney (State Bar No. 152447)
TERRA LAW LLP
177 Park Avenue, Third Floor
San Jose, California 95113
Telephone: (408) 299-1200
Facsimile: (408) 998-4895
Email: mgood@terra-law.com
Email: bomahoney@terra-law.com
Edward W. Goldstein (TX Bar No. 08099500)
Alisa Lipski (TX Bar No. 24041345)
Jody M. Goldstein (TX Bar No. 24002153)
Goldstein & Lipski, PLLC
1177 West Loop South, Suite 400
Houston, Texas 77027
Telephone: (713) 877-1515
Facsimile: (713) 877-1737
Email: egoldstein@gliplaw.com
Email: alipski@gliplaw.com
Email: jgoldstein@gliplaw.com
Attorneys for Defendant
and Counterclaim Plaintiff
TICKETMASTER L.L.C.
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Attorneys for Plaintiff
EIT HOLDINGS LLC
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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EIT HOLDINGS, LLC, a Delaware company
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Plaintiff and Counterclaim Defendant,
v.
TICKETMASTER L.L.C., a Virginia limited
liability corporation,
Case No. 3:11-cv-02471-EDL
JOINT STIPULATION AND [PROPOSED]
ORDER STAYING CASE PENDING APPEAL
Ctrm: F
Judge: Honorable Elizabeth D. Laporte
Defendant and Counterclaim Plaintiff.
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JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 3:11-CV-02471-EDL
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JOINT STIPULATION
On December 10, 2010, EIT filed a patent infringement action against multiple defendants in the
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Northern District of California (C-10-05623-WHA) before the Honorable William H. Alsup. That action
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alleged that each defendant infringed claims 40 and 41 of U.S. Patent No. 5,828,837. After the initial
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case management conference, Judge Alsup held that the defendants, including Ticketmaster L.L.C.
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(“Ticketmaster”), were improperly joined and dismissed all but the first-named defendant (Yelp! Inc.).
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EIT thereafter filed this action against Ticketmaster alleging infringement of the same claims.
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At the initial case management conference in this action, the parties informed the Court that
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Judge Alsup had set a claim construction hearing in the originally-filed Yelp case for early October 2011.
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The parties accordingly asked the Court to continue the case management conference and to postpone
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setting a schedule until Judge Alsup had had time to consider EIT and Yelp’s respective positions on
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what the claims mean. The Court agreed and set another case management conference. At that
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subsequent conference held on January 13, 2012, the parties explained the current proceedings before
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Judge Alsup, including that Yelp had filed a motion for summary judgment of invalidity.
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On January 20th, Judge Alsup issued an order on the summary judgment motion brought by Yelp,
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holding that claims 40 and 41 are invalid. EIT already has filed a notice of appeal that indicates its intent
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to appeal inter alia the summary judgment order entered in the Yelp case. If affirmed, however, there is
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no dispute that that summary judgment order would completely resolve the case against Ticketmaster
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pending before this Court. The parties therefore respectfully request that the Court stay this case pending
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the resolution of EIT’s appeal of the summary judgment order entered in EIT Holdings, LLC v. Yelp!
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Inc., case no. 3:10-cv-05623-WHA (N.D. Cal.).
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NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED THAT:
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The undersigned parties agreed to stay this case, EIT Holdings, LLC v. Ticketmaster L.L.C., case
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no. 3:11-cv-02471-EDL, until the fifth court day after EIT Holdings, LLC’s appeal of the summary
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judgment order in EIT Holdings, LLC v. Yelp! Inc., case no. 3:10-cv-05623-WHA (N.D. Cal.) has been
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finally adjudicated, which shall be the date on which the last appeal or certiorari petition with respect to
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the summary judgment order has been denied, dismissed, withdrawn, or otherwise determined.
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JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 3:11-CV-02471-EDL
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Dated: January 25, 2012
GOLDSTEIN & LIPSKI, PLLC
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/s/ Edward W. Goldstein
By:
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EDWARD W. GOLDSTEIN
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Attorneys for Plaintiff and Counterclaim
Defendant EIT Holdings, LLC
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Dated: January 25, 2012
DURIE TANGRI LLP
/s/ Ryan M. Kent
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By:
RYAN M. KENT
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Attorneys for Defendant and Counterclaim
Plaintiff Ticketmaster L.L.C.
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FILER’S ATTESTATION
I, Ryan Kent, am the ECF User whose identification and password are being used to file this
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document. Pursuant to General Order 45.X.B, I hereby attest that counsel for Plaintiff and Counterclaim
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Defendant EIT Holdings, LLC has concurred in this filing.
/s/ Ryan M. Kent
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RYAN M. KENT
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JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 3:11-CV-02471-EDL
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[PROPOSED] ORDER
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WHEREAS, Plaintiff and Counterclaim Defendant EIT Holdings, LLC and Defendant and
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Counterclaim Plaintiff Ticketmaster L.L.C. have agreed to stay this case, EIT Holdings, LLC v.
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Ticketmaster L.L.C., United States District Court, Northern District of California, case no. 3:11-cv-
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02471-EDL until the fifth court day after EIT Holdings, LLC’s appeal of the summary judgment order in
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EIT Holdings, LLC v. Yelp! Inc., case no. 3:10-cv-05623-WHA (N.D. Cal.) has been finally adjudicated,
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which shall be the date on which the last appeal or certiorari petition with respect to the summary
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judgment order has been denied, dismissed, withdrawn, or otherwise determined.
NOW, THEREFORE, IT IS SO ORDERED.
ED
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H
ER
LI
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FO
NO
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R NIA
__________________________________
ORDER
IS SO ELIZABETH D. LAPORTE
IT
HONORABLE
United States Magistrate Judge
Laporte
beth D.
liza
Judge E
January 26
DATED: _______________, 2012
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JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 3:11-CV-02471-EDL
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