Yahoo! Inc. v. Facebook, Inc.

Filing 34

STIPULATION WITH PROPOSED ORDER re 28 Answer to to CounterClaim, Counterclaim, 29 MOTION to Strike and/or Dismiss Yahoo Inc.'s Claims and Defenses of Inequitable Conduct filed by Yahoo! Inc.. (Attachments: # 1 Declaration)(Smith, Kevin) (Filed on 6/6/2012)

1 Charles K. Verhoeven (Bar No. 170151)
[e-mail]
2 Jennifer A. Kash (Bar No. 203679)
[e-mail]
3 Kevin A. Smith (Bar No. 250814)
[e-mail]
4 QUINN EMANUEL URQUHART &
SULLIVAN, LLP
5 50 California Street, 22nd Floor
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff Yahoo! Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 YAHOO! INC., a Delaware corporation,

CASE NO. CV-12-01212-JSW

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DECLARATION OF KEVIN SMITH IN
SUPPORT OF THE STIPULATION AND
[PROPOSED] ORDER TO ENLARGE
TIME FOR:

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Plaintiff,
vs.

15 FACEBOOK, INC, a Delaware corporation,
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Defendant.

(1) YAHOO! INC.’S AMENDED REPLY
AND COUNTER COUNTERCLAIMS TO
FACEBOOK, INC.’S ANSWER AND
COUNTERCLAIMS AND
(2) BRIEFING AND HEARING ON
FACEBOOK INC.'S MOTION TO
STRIKE AND/OR DISMISS YAHOO
INC.'S CLAIMS AND DEFENSES OF
INEQUITABLE CONDUCT

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Honorable Jeffrey S. White
United States District Judge

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CASE NO. CV-12-01212-JSW
SMITH DECLARATION IN SUPPORT OF THE STIPULATION TO EXTEND TIME

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I, Kevin Smith, declare:

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1.

I am a partner in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Yahoo! Inc. ("Yahoo!") in this action.

Unless otherwise indicated, I have personal

4 knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and
5 would testify as follows.
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2.

On April 27, 2012, Yahoo! filed a Reply and Counter Counterclaims to Defendant

7 Facebook, Inc.'s Answer and Counterclaim Against Facebook, Inc. for Declaratory Judgment of
8 Non-Infringement.
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3.

On May 16, 2012, Facebook, Inc. ("Facebook") filed a Motion to Strike and/or

10 Dismiss Yahoo! Inc.'s Claims and Defenses of Inequitable Conduct ("the Motion to Strike and/or
11 Dismiss").
12 2012.

A hearing on the Motion to Strike and/or Dismiss is currently scheduled for July 27,

Yahoo!'s response to the Motion to Strike and/or Dismiss is currently due June 20, 2012.

13 Facebook's reply in support of its Motion to Strike and/or Dismiss is currently due June 27, 2012.
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4.

On May 18, 2012, counsel for Yahoo! informed Facebook's counsel that Yahoo!

15 intends to amend its Reply and Counter Counterclaims with respect to the portion addressed in
16 Facebook's Motion to Strike and/or Dismiss.

The Amended Reply and Counter Counterclaims is

17 currently due June 6, 2012.
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5.

Counsel for Facebook does not oppose the extension of Yahoo!'s deadline to file an

19 Amended Reply and Counter Counterclaims and the extension of the briefing and hearing
20 schedule on Facebook’s Motion to Strike and/or Dismiss.

Yahoo! and Facebook are in

21 agreement that additional time is warranted for the parties to prepare their submissions and will
22 not adversely affect the case schedule.
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6.

Pursuant to Civil L.R. 6-2(a)(2), the time for Yahoo! to respond to Facebook's

24 Motion to Strike and/or Dismiss Yahoo's Claims and Defenses of Inequitable Conduct was
25 previously extended from May 30, 2012 to June 20, 2012.

The time for Facebook to reply in

26 support of its Motion to Strike and/or Dismiss Yahoo!'s Claims and Defenses of Inequitable
27 Conduct was previously extended from June 6, 2012 to June 27, 2012.
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The hearing on the

CASE NO. CV-12-01212-JSW
-2SMITH DECLARATION IN SUPPORT OF THE STIPULATION TO EXTEND TIME

1 Motion to Strike and/or Dismiss Yahoo!'s Claims and Defenses of Inequitable Conduct was
2 previously rescheduled from June 22, 2012 to July 27, 2012.

The Case Management Conference

3 was previously rescheduled from June 29, 2012 to August 31, 2012.
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7.

The present request will not affect any other deadlines in this case.

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I declare under penalty of perjury that the foregoing is true and correct. Executed in San

7 Francisco, California on June 6, 2012.
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/s/ Kevin A. Smith
Kevin A. Smith

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CASE NO. CV-12-01212-JSW
-3SMITH DECLARATION IN SUPPORT OF THE STIPULATION TO EXTEND TIME