Speculative Product Design, LLC v. Bodyglove International, LLC

Filing 28

ORDER re 27 Status Report. Case Management Conference set for 3/4/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 09/17/2013. (jmdS, COURT STAFF) (Filed on 9/17/2013)

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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, )
a Delaware limited liability company,
) Case No. CV12-04998 WHO
)
Plaintiff,
) JOINT STATUS REPORT AND
) REQUEST TO CONTINUE THE
vs.
) STATUS CONFERENCE IN LIGHT
)
BODY GLOVE INTERNATIONAL, LLC ) OF UPCOMING ITC HEARING
and FELLOWES INC.,
)
)
Defendants.
)
)

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704763420v1
JOINT STATUS REPORT
CASE NO. CV12-04998 WHO

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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 provide this

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joint status report and request for continuance of the September 19, 2013 case management

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conference:

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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. The ITC later consolidated Investigation

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No. 337-TA-861 with Speck’s later-filed investigation against additional respondents

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(collectively, “ITC Investigation”).

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On December 14, 2012, Speck amended its Complaint in this District to add Fellowes

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as a defendant. (D.E. 15.) Fellowes answered Speck’s Amended Complaint on January 7,

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2013. (D.E. 20.) In light of the stipulation detailed below, Body Glove has not responded to

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Speck’s Complaint or Amended Complaint as of the filing of this status report.

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Upon stipulation of the parties, this Court stayed this case on January 11, 2013 pending

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the resolution of the ITC Investigation. (D.E. 22.) Since that time, the parties have engaged in

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fact and expert discovery in the ITC Investigation, which is scheduled for hearing beginning

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October 18, 2013. The Administrative Law Judge in the ITC Investigation has stated that the

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parties will receive an Initial Determination by January 31, 2014.

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Because the ITC Investigation is ongoing and scheduled for hearing in the near future,

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the parties respectfully request that the September 19, 2013 case management conference be

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rescheduled for a date on or after March 4, 2014 at this Court’s convenience.

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704763420v1

-1JOINT STATUS REPORT
CASE NO. CV12-04998 WHO

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RESPECTFULLY SUBMITTED,

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DATED: September 12, 2013.

PILLSBURY WINTHROP SHAW PITTMAN LLP

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/s/ Dianne L. Sweeney
Dianne L. Sweeney
Counsel for Defendants FELLOWES INC. and
BODY GLOVE INTERNATIONAL, LLC

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DATED: September 12, 2013.

BRAUNHAGEY & BORDEN LLP

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/s/ J. Noah Hagey
J. Noah Hagey
Counsel for Plaintiff SPECULATIVE PRODUCT
DESIGN, LLC

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704763420v1

-2JOINT STATUS REPORT
CASE NO. CV12-04998 WHO

ORDER

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PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS

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ORDERED that the case management conference is hereby continued from September 18,

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2013 to March 4, 2014 at 2:00 p.m. The parties shall submit to short joint report to this Court

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concerning the status of the above-noted ITC Investigation no later than February 11, 2014.

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Should this matter be resolved by the ITC before February 11, 2014, the parties shall promptly

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notify this Court of the same.

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DATED: September _____, 2013.

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WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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704763420v1

-3JOINT STATUS REPORT
CASE NO. CV12-04998 WHO