Yahoo! Inc. v. Facebook, Inc.

Filing 37

STIPULATION WITH PROPOSED ORDER re 16 Answer to Complaint, 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 6/19/2012)

1 Charles K. Verhoeven (Bar No. 170151)
[e-mail]
 Jennifer A. Kash (Bar No. 203679)
[e-mail]
 Kevin A. Smith (Bar No. 250814)
[e-mail]
 QUINN EMANUEL URQUHART &
SULLIVAN, LLP
 50 California Street, 22nd Floor
San Francisco, California 94111
 Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff Yahoo! Inc.



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA



SAN FRANCISCO DIVISION

 YAHOO! INC., a Delaware corporation,

CASE NO. CV-12-01212-JSW



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



Plaintiff,
vs.

 FACEBOOK, INC, a Delaware corporation,






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




Honorable Jeffrey S. White
United States District Judge







CASE NO. CV-12-01212-JSW
SMITH DECLARATION IN SUPPORT OF THE STIPULATION TO EXTEND TIME

1

I, Kevin Smith, declare:

2

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.
6

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.
9

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").

A hearing on the Motion to Strike and/or Dismiss was scheduled for July 27, 2012.

12 Yahoo!'s response to the Motion to Strike and/or Dismiss was due May 30, 2012.

Facebook's

13 reply in support of its Motion to Strike and/or Dismiss was due June 22, 2012.
14

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

17 was due June 6, 2012.
18

5.

On May 30, 2012, the parties stipulated to extend the time for Yahoo! to respond to

19 Facebook's Motion to Strike and/or Dismiss Yahoo!'s Claims and Defenses of Inequitable Conduct
20 from May 30 to June 20, 2012, and to move the hearing on the Motion from June 22, 2012 to July
21 27, 2012.
22

6.

On June 6, 2012, the parties stipulated to extend:

(a) the time for Yahoo! to file

23 an amended Reply and Counterclaims to Facebook's Answer and Counterclaims from June 6,
24 2012 to June 20, 2012; (b) the time for Yahoo! to respond to Facebook's Motion to Strike and/or
25 Dismiss Yahoo!'s Claims and Defenses of Inequitable Conduct from June 20, 2012 to July 5,
26 2012; (c) the time for Facebook to reply in support of its Motion to Strike and/or Dismiss Yahoo!'s
27 Claims and Defenses of Inequitable Conduct from June 27, 2012 to July 12, 2012; and (d) the
28

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

1 hearing on the Motion to Strike and/or Dismiss Yahoo!'s Claims and Defenses of Inequitable
2 Conduct from June 27, 2012 to July 12, 2012.
3

7.

The parties are currently engaged in settlement negotiations to resolve this dispute.

4 The parties believe that a further extension will facilitate settlement.

The parties therefore

5 request and stipulate pursuant to Civil L.R. 6-2(a)(2) to the following extensions:
6

a.

The time for Yahoo! to file an amended Reply and Counter Counterclaims

7

to Facebook’s Answer and Counterclaims shall be extended from June 20, 2012 to July 5,

8

2012;

9

b.

The time for Yahoo! to respond to Facebook's Motion to Strike and/or

10

Dismiss Yahoo!'s Claims and Defenses of Inequitable Conduct shall be extended from July

11

5, 2012 to July 19, 2012;

12

c.

The time for Facebook to reply in support of its Motion to Strike and/or

13

Dismiss Yahoo!’s Claims and Defenses of Inequitable Conduct shall be extended from

14

July 12, 2012 to July 26, 2012.

15

d.

The hearing on the Motion to Strike and/or Dismiss Yahoo!'s Claims and

16

Defenses of Inequitable Conduct shall be rescheduled from August 10, 2012 at 9:00 am to

17

August 24, 2012 at 9:00 am.

18

8.

Counsel for Facebook does not oppose these extensions.

Yahoo! and Facebook

19 are in agreement that additional time is warranted for the parties to prepare their submissions, will
20 not adversely affect the case schedule, and will facilitate settlement..
21
22

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

23 Francisco, California on June 19, 2012.
24
25

/s/ Kevin A. Smith
Kevin A. Smith

26
27
28

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