GeoTag, Inc. v. Zoosk, Inc.

Filing 213

STIPULATION AND ORDER re 212 Stipulation filed by Zoosk, Inc. Case Management Statement due by 7/24/2014. Further Case Management Conference set for 7/31/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/20/14. (bpf, COURT STAFF) (Filed on 5/20/2014)

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STEPHEN F. MALOUF (PRO HAC VICE)
[e-mail]
JEREMY MARTIN (PRO HAC VICE)
[e-mail]
JONATHAN NOCKELS (PRO HAC VICE)
[e-mail]
MALOUF & NOCKELS LLP
3811 Turtle Creek Blvd., Suite 800
Dallas, Texas 75219
214-969-7373 (Telephone)
214-969-7648 (Facsimile)
JEFFREY A. TINKER (PRO HAC VICE)
[e-mail]
Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, Texas 75201
JOSEPH A. GRECO (Cal. Bar No. 104476)
[e-mail]
KIMBERLY P. ZAPATA (Cal. Bar No. 138291)
[e-mail]
Beck, Bismonte & Finley, LLP
150 Almaden Boulevard, 10th Floor
San Jose, CA 95113
Telephone: [phone]
Facsimile: 408.938.0790

CHARLENE M. MORROW (CSB No.
136411)
[e-mail]
PATRICK E. PREMO (CSB No. 184915)
[e-mail]
HECTOR J. RIBERA (CSB No. 221511)
[e-mail]
KATHLEEN LU (CSB No. 267032)
[e-mail]
BRIAN E. LAHTI (CSB No. 278951)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
Attorneys for Defendant and
Counterclaimant
ZOOSK, INC.

Attorneys for Plaintiff and CounterclaimDefendant GEOTAG, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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GEOTAG, INC.,

Case No.: 13-cv-00217-EMC
Plaintiff,

ZOOSK, INC.,
Defendant.

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
STAY OF CASE

v.

AND RELATED COUNTERCLAIMS.

Current CMC Date: May 29, 2014
Requested CMC Date: July 31, 2014

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC AND STAY

CASE NO.: 13-cv-00217-EMC

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This case presently is scheduled for a Case Management Conference on Thursday, May

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29, 2014. The Joint Case Management Conference Statement is due on May 22, 2014. The parties

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respectfully request that the Court continue the Case Management Conference until Thursday,

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July 31, 2014 at 9:00 a.m. or to a date convenient to the Court thereafter, and continue the stay of

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the case, for the following reasons:

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1.

At the last Case Management Conference on February 27, 2014, the Court ordered

that the case would be stayed at least until the May 29, 2014 continued Case Management

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Conference, so that the Court and the parties could know the outcome of GeoTag’s case against

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Google in the District of Delaware (Microsoft Corporation et al. v. GeoTag, Inc., Civil Action

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No. 11-00175-RGA), which involves the same GeoTag patent as is involved in this case, and

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which was scheduled to go to trial in April 2014.

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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2.

In April 2014, the District of Delaware issued an order denying Google’s motions

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for summary judgment of laches and invalidity and granting Google’s motion for

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noninfringement. The public version of the Court’s Memorandum Opinion is Docket No. 477,

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filed April 22, 2014.

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3.

The Delaware court, however, asked the parties in that case to address whether, in

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light of the recent Federal Circuit case of Microsoft v. Datatern, No. 2013-1184, 2014 WL

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1327923 (Fed. Cir. April 4, 2014), the Delaware court had subject matter jurisdiction. GeoTag’s

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and Google’s briefing on that issue is ongoing and is scheduled to be completed on May 22, 2014.

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4.

The parties to this action believe that judicial economy, as well as the economy of

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the parties, is served by allowing the parties and the Court to know the outcome of the Google

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case before proceeding with this case. Accordingly, the parties hereby respectfully request that

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the Court continue the Case Management Conference currently scheduled to take place on May
10:30 a.m.
29, 2014 until Thursday, July 31, 2014 at 9:00 a.m. in the Courtroom of the Honorable Edward

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M. Chen, Courtroom 5 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, or to a

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date convenient to the Court thereafter, and to continue the stay of this case until that continued

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Case Management Conference.

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC AND STAY

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CASE NO.: 13-cv-00217-EMC

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SO STIPULATED.

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BECK, BISMONTE & FINLEY, LLP
Dated: May 15, 2014

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By: /s/ Joseph A. Greco
Joseph A. Greco
Attorneys for Plaintiff and CounterclaimDefendant
GeoTag, Inc.

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FENWICK & WEST LLP

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By: /s/ Brian E. Lahti
Brian E. Lahti
Attorneys for Defendant and
Counterclaimant
Zoosk, Inc.

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5/20/14 (modified above)
D
RDERE
_____________________________
Dated: __________________
IS SO O FIED
IT
The Honorable Edward M.ODI
Chen
AS M
United States District Judge
hen
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Jud

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC AND STAY

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CASE NO.: 13-cv-00217-EMC

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest that the concurrence in the
filing of this document has been obtained from the signatories.

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Dated: May 15, 2014

FENWICK & WEST LLP

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By: /s/ Brian E. Lahti
Brian E. Lahti
Attorneys for Defendant and
Counterclaimant
Zoosk, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on May 15, 2014, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system, which will automatically send e-mail notification of such
filing to all counsel who have entered an appearance in this action.
Dated: May 15, 2014

FENWICK & WEST LLP

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By: /s/ Brian E. Lahti
Brian E. Lahti
Attorneys for Defendant and
Counterclaimant
Zoosk, Inc.

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC AND STAY

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CASE NO.: 13-cv-00217-EMC