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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DIANNE L. SWEENEY (187198)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
2550 Hanover Street
Palo Alto, CA 94304-1115
Telephone: [phone]
Facsimile: [phone]
William P. Atkins (pro hac vice application to be submitted)
[e-mail]
Bryan P. Collins (pro hac vice application to be submitted)
[e-mail]
Christopher K. Dorsey (pro hac vice application to be submitted)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
1650 Tysons Boulevard, 14th Floor
McLean, Virginia 22102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
FELLOWES INC. and BODY
GLOVE INTERNATIONAL, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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)
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.
)
)

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403803547v1
STIPULATION AND [PROPOSED] ORDER TO STAY MATTER
CASE NO. CV12-04998 EMC

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Speculative Product Design, LLC (“Speck”), Body Glove International, LLC (“Body

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Glove”) and Fellowes Inc. (“Fellowes”), through their respective counsel, hereby stipulate as

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follows:

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On September 25, 2012, plaintiff, Speck sued Body Glove, asserting infringement of

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U.S. Patent No. 8,204,561 (the ’561 Patent). (Docket Entry (“D.E.”) 1.) On September 26,

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2012, Speck filed a complaint with the International Trade Commission (“ITC”) against

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Fellowes, Body Glove and other parties not named in this district court case. The ITC

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Complaint also asserts infringement of the ’561 Patent.

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The ITC instituted an investigation against Fellowes, Body Glove and other parties on

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November 9, 2012 entitled “In the Matter of CERTAIN CASES FOR PORTABLE

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ELECTRONIC DEVICES,” Inv. No. 337-TA-861 (“ITC Investigation”).

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On December 14, 2012, Speck amended its complaint in this district court case to add

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Fellowes as a defendant. (D.E. 15.) Fellowes answered Speck’s amended complaint on

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January 7, 2013. (D.E. 20.) Body Glove has not responded to Speck’s Complaint or

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Amended Complaint as of the filing of this stipulation.

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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

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED that this matter is hereby stayed.

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IT IS FURTHER ORDERED that the parties shall submit to short joint report to this

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Court concerning the status of the above-noted ITC Investigation no later than September 13,

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2013. Should this matter be resolved by the ITC prior to September 13, 2013, the parties shall

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promptly notify this Court of the same.

The CMC is reset from 1/17/13 to 9/19/13 at 9:00 a.m.

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DATED: January _____, 2013.

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THE HONORABLE EDWARD CHEN
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403803547v1

-3STIPULATION AND [PROPOSED] ORDER TO STAY MATTER
CASE NO. CV12-04998 EMC