Speculative Product Design, LLC v. Bodyglove International, LLC

Filing 22

STIPULATION AND ORDER re 21 to Stay this Matter in Light of Pending International Trade Commission Investigation filed by Bodyglove International, LLC, Fellowes, Inc., Case Management Statement due by 9/13/2013. Case Management Conference set for 9/19/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/11/13. (bpfS, COURT STAFF) (Filed on 1/11/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 DIANNE L. SWEENEY (187198) dianne.sweeney@pillsburylaw.com PILLSBURY WINTHROP SHAW PITTMAN LLP 2550 Hanover Street Palo Alto, CA 94304-1115 Telephone: (650) 233-4500 Facsimile: (650) 233-4545 William P. Atkins (pro hac vice application to be submitted) william.atkins@pillsburylaw.com Bryan P. Collins (pro hac vice application to be submitted) bryan.collins@pillsburylaw.com Christopher K. Dorsey (pro hac vice application to be submitted) christopher.dorsey@pillsburylaw.com PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard, 14th Floor McLean, Virginia 22102 Telephone: (703) 770-7900 Facsimile: (703) 770-7901 Attorneys for Defendants FELLOWES INC. and BODY GLOVE INTERNATIONAL, LLC 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 19 20 21 22 23 24 ) SPECULATIVE PRODUCT DESIGN, LLC, ) Case No. CV12-04998 EMC a Delaware limited liability company, ) ) STIPULATION AND [PROPOSED] Plaintiff, ) ORDER TO STAY THIS MATTER ) IN LIGHT OF PENDING vs. ) INTERNATIONAL TRADE ) BODY GLOVE INTERNATIONAL, LLC ) COMMISSION INVESTIGATION and FELLOWES INC., ) ) Defendants. ) ) 25 26 27 28 403803547v1 STIPULATION AND [PROPOSED] ORDER TO STAY MATTER CASE NO. CV12-04998 EMC 1 Speculative Product Design, LLC (“Speck”), Body Glove International, LLC (“Body 2 Glove”) and Fellowes Inc. (“Fellowes”), through their respective counsel, hereby stipulate as 3 follows: 4 On September 25, 2012, plaintiff, Speck sued Body Glove, asserting infringement of 5 U.S. Patent No. 8,204,561 (the ’561 Patent). (Docket Entry (“D.E.”) 1.) On September 26, 6 2012, Speck filed a complaint with the International Trade Commission (“ITC”) against 7 Fellowes, Body Glove and other parties not named in this district court case. The ITC 8 Complaint also asserts infringement of the ’561 Patent. 9 The ITC instituted an investigation against Fellowes, Body Glove and other parties on 10 November 9, 2012 entitled “In the Matter of CERTAIN CASES FOR PORTABLE 11 ELECTRONIC DEVICES,” Inv. No. 337-TA-861 (“ITC Investigation”). 12 On December 14, 2012, Speck amended its complaint in this district court case to add 13 Fellowes as a defendant. (D.E. 15.) Fellowes answered Speck’s amended complaint on 14 January 7, 2013. (D.E. 20.) Body Glove has not responded to Speck’s Complaint or 15 Amended Complaint as of the filing of this stipulation. 16 17 18 19 20 21 22 23 24 25 26 27 28 According to 28 U.S.C. § 1659, the parties agree that the Court should stay the pending district court case as to Fellowes. Section 1659 provides in relevant part: In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission, but only if such request is made within— … (2) 30 days after the district court action is filed, whichever is later. 28 U.S.C. § 1659 (emphasis added). Fellowes is a named respondent in the ITC Investigation. This case was instituted as to Fellowes on December 14, 2012, which was less than 30 days before the filing of this stipulation. Thus, Fellowes has satisfied all requirements of 28 U.S.C. § 1659 and this Court must stay this case as to Fellowes. 403803547v1 -1STIPULATION AND [PROPOSED] ORDER TO STAY MATTER CASE NO. CV12-04998 EMC 1 [PROPOSED] ORDER 2 PURSUANT TO STIPULATION, IT IS ORDERED that this matter is hereby stayed. 3 IT IS FURTHER ORDERED that the parties shall submit to short joint report to this 4 Court concerning the status of the above-noted ITC Investigation no later than September 13, 5 2013. Should this matter be resolved by the ITC prior to September 13, 2013, the parties shall 6 promptly notify this Court of the same. The CMC is reset from 1/17/13 to 9/19/13 at 9:00 a.m. 7 11 DATED: January _____, 2013. S UNIT ED 10 RT U O 9 S DISTRICT TE C TA 11 O IT IS S 12 dwa Judge E 15 A H ER LI RT 14 hen rd M. C NO 13 R NIA THE HONORABLE EDWARD CHEN UNITED STATESRDERED JUDGE O DISTRICT FO 8 N 16 F D IS T IC T O R C 17 18 19 20 21 22 23 24 25 26 27 28 403803547v1 -3STIPULATION AND [PROPOSED] ORDER TO STAY MATTER CASE NO. CV12-04998 EMC

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