Purple Leaf LLC v. Zuora Inc.

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH PROPOSED ORDER. The case will be voluntarily stayed, and the parties shall submit to the Court a joint status report every 120 days during the pendency of the stay. Signed by Judge RICHARD SEEBORG on 06/10/2013. (jmdS, COURT STAFF) (Filed on 6/10/2013)

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HARRISON J. FRAHN IV (SBN: 206822)
[e-mail]
SERAFIMA KRIKUNOVA (SBN 288014)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
BRIAN P. McCLOSKEY (pro hac vice)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ZUORA, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No. 13-cv-0299-RS
PURPLE LEAF, LLC, a Delaware
limited liability company,

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Plaintiff,
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JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING INTER
PARTES AND EX PARTE
REEXAMINATIONS

v.
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ZUORA, INC., a Delaware corporation,
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Defendant.
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WHEREAS, Defendant Zuora, Inc. (“Zuora”) filed a Motion to Stay Proceedings

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Pending Inter Partes and Ex Parte Reexaminations of U.S. Patent Nos. 7,603,311 and 8,027,913

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on April 15, 2013 (the “Motion”);

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WHEREAS, Zuora has agreed to administratively withdraw its Motion, without
prejudice, and with freedom to raise it again;

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JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS

Case No. 13-cv-0299-RS

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WHEREAS, both Zuora and Plaintiff Purple Leaf, LLC (“Purple Leaf”) desire to
stay the above-captioned litigation;

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IT IS THEREFORE AGREED:

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1. That the above-captioned action shall be voluntarily stayed forthwith;

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2. That either party may seek to terminate the stay agreement upon delivery of
two weeks written notice which shall include the reason(s) for the termination;

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3. That after such notice has been delivered by a party, counsel for the parties
shall meet and confer within one week on the appropriate procedural steps to be taken in this
action;
4. Based on the meet and confer efforts, the parties shall be limited to two
alternative actions: (1) if there is agreement on appropriate next procedural steps, the parties shall
file a joint statement reporting on developments and setting forth a proposed order for such
agreed next steps; or (2) if there is no agreement on appropriate next procedural steps, the parties
shall file a joint statement reporting on developments and setting forth their respective positions
as to proposed next procedural steps and shall request the Court to set a status conference;
5. The parties shall submit to the Court a joint status report every 120 days during
the pendency of the stay.

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Dated: June 7, 2013

ROBINSON & WOOD, INC.
By /s/ Archie S. Robinson
ARCHIE S. ROBINSON (SBN. 34789)
[e-mail]
JESSE F. RUIZ (SBN. 77984)
[e-mail]
GABRIEL G. GREGG (SBN. 187333)
[e-mail]
227 N 1st Street
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
PURPLE LEAF, LLC, a Delaware corporation

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JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS

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Case No. 13-cv-0299-RS

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SIMPSON THACHER & BARTLETT LLP

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By /s/ Harrison J. Frahn IV
HARRISON J. FRAHN IV (SBN: 206822)
[e-mail]
SERAFIMA KRIKUNOVA (SBN 288014)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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BRIAN P. McCLOSKEY (pro hac vice)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
ZUORA, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Dated: June 10 , 2013
HON. RICHARD SEEBORG
United States District Judge

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JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS

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Case No. 13-cv-0299-RS