Pragmatus Telecom, LLC v. Trend Micro Incorporated

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER filed by Pragmatus Telecom, LLC. Signed by Judge Edward M. Chen on 5/23/13. (bpf, COURT STAFF) (Filed on 5/23/2013)

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ELIZABETH DAY (SBN 177125)
[e-mail]
IAN N. FEINBERG (SBN 88234
[e-mail]
DAVID ALBERTI (SBM 220625)
[e-mail]
SAL LIM (SBM 211836)
[e-mail]
YAKOV ZOLOTOREV (SBM 224260)
[e-mail]
MARC BELLOLI (SBN 244290)
[e-mail]
FEINBERG DAY ALBERTI &
THOMPSON LLP
401 Florence Street, Suite 200
Palo Alto, CA 94301
Tel: [phone]
Fax: [phone]

UNITED STATES DISTRICT COURT

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Attorneys for Defendant
TREND MICRO INCORPORATED

Attorneys for Plaintiff
PRAGMATUS TELECOM, LLC

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YAR R. CHAIKOVSKY (SBN: 175421)
[e-mail]
D. STUART BARTOW (SBN: 233107)
[e-mail]
McDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, CA 94025-4004
Telephone: [phone]
Facsimile: 650 815 7401

NORTHERN DISTRICT OF CALIFORNIA
PRAGMATUS TELECOM, LLC,
Plaintiff,

CASE NO. 12-06195 EMC
JOINT STIPULATION

v.
TREND MICRO INCORPORATED,
Defendant.

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-1JOINT STIPULATION – CASE NO. 12-06195 EMC

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Pragmatus Telecom, LLC (“Pragmatus”) and Trend Micro Incorporated (“Trend Micro”),
hereby agree and stipulate as follows:
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Pragmatus has brought the above-captioned patent infringement action (the

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“Action”) accusing Trend Micro of infringing three patents identified in the Complaint by

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providing live chat services over the Internet (referred to herein as the “Live Chat Services”).

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2.

Trend Micro represents that any Live Chat Services it has used in the United States

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during the six years prior to the filing of the Complaint and subsequent to the filing of the

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Complaint have been provided by LogMeIn Inc. and LivePerson Inc.

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3.

On November 21, 2012, LogMeIn filed a declaratory judgment action against

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Pragmatus, captioned LogMeIn Inc. v. Pragmatus Telecom, LLC (No. 1:12-cv-01507-RGA) (the

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“LogMeIn Declaratory Judgment Action”), which was pending before the District of Delaware,

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and in which LogMeIn seeks judgments of (1) non-infringement of the patents-in-suit by

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LogMeIn technology, and (2) invalidity of the patent-in-suit.

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4.

On February 7, 2012, LivePerson filed a declaratory judgment action against

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Pragmatus, captioned Liveperson, Inc. v. Pragmatus Telecom, LLC (No. 1:12-cv-00147-RGA)

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(“LivePerson Declaratory Judgment Action”), which is pending before the District of Delaware,

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and in which LivePerson seeks judgment of (1) non-infringement of the patents-in-suit by

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LivePerson technology, and (2) invalidity of the patent-in-suit .

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5.

Pragmatus and Trend Micro stipulated and agreed and the Court ordered that this

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Action shall be stayed until at least April 26, 2013 in order to permit sufficient time for the

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LogMeIn Declaratory Judgment Action to resolve and for the parties to resolve any other

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remaining issues.

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6.

The LogMeIn Declaratory Judgment Action has since resolved.

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7.

Furthermore, the parties stipulate and agree, subject to the approval of the Court

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that this Action shall be further stayed until the resolution of the LivePerson Declaratory

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Judgment Action.

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8.

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In light of the foregoing, Pragmatus and Trend Micro do not believe that ADR

needs to be selected at this time.
-2JOINT STIPULATION – CASE NO. 12-06195 EMC

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FEINBERG DAY ALBERTI & THOMPSON LLP

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Dated: May 16, 2013
By /s/ Marc Belloli
Elizabeth Day
Ian Feinberg
David Alberti
Sal Lim
Yakov Zolotorev
Marc Belloli

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Attorneys for Plaintiff
PRAGMATUS TELECOM, LLC

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McDERMOTT WILL & EMERY LLP

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By /s/ D. Stuart Bartow
Yar R. Chaikovsky
D. Stuart Bartow

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Attorneys for Defendant
TREND MICRO INCORPORATED

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TE
TA

TC

UNIT
ED

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ERED
O ORD D
IT IS S
DIFIE
AS MO

R NIA

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RT
U
O

The Honorable Edward M. Chen

NO

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A CMC has already been scheduled for 9/24/13 at 2:30 p.m. A joint CMC Statement shall
be filed by 9/17/13.
S DISTRIC

. Chen

RT

dward M
Judge E

FO

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23rd day of_________, 2013.
May

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SO ORDERED, this

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I hereby attest that all other signatories listed concur in the content and have authorized this filing.
By:
/s/ Marc Belloli
Marc Belloli

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N

A

ER
ATTESTATION

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F
D IS T IC T O
R

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-3JOINT STIPULATION – CASE NO. 12-06195 EMC