Mitel Networks Corporation et al v. Facebook Inc.

Filing 64

STIPULATION AND ORDER re 61 Joint Stipulation of Dismissal and Consent Judgment Order filed by Mitel Networks Corporation, Mitel (Delaware), Inc.. Signed by Judge Edward M. Chen on 7/12.13. (bpf, COURT STAFF) (Filed on 7/12/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12 MITEL NETWORKS CORP. and MITEL
(DELAWARE), INC.,
13
Plaintiffs,
14
v.
15
FACEBOOK, INC.,
16
Defendant.
17

Case No. 13-cv-02073-EMC

18
19

JOINT STIPULATION OF DISMISSAL AND CONSENT JUDGMENT ORDER

20

This Civil Action has come before the Court, upon the pleadings and proceedings of

21 record, and it has been represented to the Court that Plaintiffs Mitel Networks Corp. and Mitel
22 (Delaware), Inc. (collectively “Mitel”) and Defendant Facebook, Inc. (“Facebook”) have agreed to
23 a final resolution of the claims between them in this action;
24

Wherefore, with the consent of the above-identified parties, through their undersigned

25 attorneys, and with the approval of this Court, IT IS HEREBY ORDERED, ADJUDGED AND
26 DECREED AS FOLLOWS:
27
28

1. This action is a claim for patent infringement arising under the patent laws of the
Joint Stipulation of Dismissal
And Consent Judgment Order

CV13-02073-EMC

1

United States, Title 35 of the United States Code.

2

2. The Court has jurisdiction over the parties and the subject matter of this action.

3

3. Mitel owns and has standing to sue for the infringement of United States Patent No.

4

5,940,834 (“the ’834 patent”) and United States Patent No. 7,292,685 (“the ’685

5

patent”).

6

4. On March 16, 2012, Mitel filed a lawsuit for alleged patent infringement against

7

Facebook in the U.S. District Court for the District of Delaware, which was later

8

transferred to this district.

9

5. On September 13, 2012, Facebook filed with the U.S. Patent and Trademark Office a

10

Request for Inter Partes Reexamination of claims 1-5 of U.S. Patent No. 7,292,685,

11

Control No. 95/002,229.

12
13
14
15
16

6. Facebook and Mitel have entered into a Confidential Settlement Agreement (executed
and effective on July3, 2013) (“Agreement”) that pertains to this action.
7. Mitel’s claims for relief against Facebook in the above-captioned action are hereby
dismissed with prejudice.
8. Facebook no longer challenges the validity and enforceability of the ’685 patent.

17

Therefore, Facebook’s claims, counterclaims, and defenses that were or could have

18

been made regarding the invalidity and unenforceability of each and every claim of the

19

’685 patent are dismissed with prejudice.

20

9. This Order represents a final decision and an adjudication on the merits of all claims,

21

counterclaims, and defenses that were or could have been made in this action between

22

Mitel and Facebook with respect to (a) the ’834 patent, and each and every claim

23

therein, (b) the ’685 patent, and each and every claim therein, and (c) the accused

24

Facebook products, and all such claims are hereby dismissed with prejudice.

25

10. The Court further orders and decrees that this Consent Judgment Order is intended and

26

shall constitute, for purposes of 35 U.S.C. § 317(b), a final decision entered against a

27

party (i.e. Facebook) in a civil action arising in whole or in part under section 1138 of

28

Joint Stipulation of Dismissal
And Consent Judgment Order

2

CV13-02073-EMC

1

title 28, that the party (i.e., Facebook) has not sustained its burden of proving the

2

invalidity of any patent claim in suit, with all claims (1-5) of the ’685 patent having

3

been in suit.

4

11. This stipulation shall not be construed as an admission by Facebook that any claim of

5

the ’685 patent is valid or enforceable, or as an admission that Facebook agreed with

6

any of the arguments or positions presented by Mitel in any proceeding.

7

12. Each party shall bear its own costs and attorneys’ fees.

8

13. This Court shall retain jurisdiction for purposes of enforcing the terms of the

9

Agreement and this Consent Judgment.

10
11
12
13 SUBMITTED BY:
14
/s/ Tamara Fraizer
15 Tamara Fraizer (SBN 215942)
FISH & RICHARDSON P.C.
16 500 Arguello Street, Suite 500
Redwood City, CA 94063
17 [e-mail]
Tel: [phone]
18 Fax: [phone]
19
20 Attorneys for Plaintiffs
MITEL NETWORKS CORP. and
21 MITEL (DELAWARE), INC.
22

/s/ Heidi L. Keefe
Heidi L. Keefe (178960)
([e-mail])
Mark R. Weinstein (193043)
([e-mail])
COOLEY LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Facebook, Inc.

23
24
25
26
27
28

Joint Stipulation of Dismissal
And Consent Judgment Order

3

CV13-02073-EMC

1 PURSUANT TO THE FOREGOING, IT IS SO ORDERED.
7/12
2 Dated: ______________, 2013
S DISTRICT
TE
C

S
UNIT
ED

RT

7

ER

9

A

H

8

N

F
D IS T IC T O
R

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Joint Stipulation of Dismissal
And Consent Judgment Order

4

R NIA

NO

6

Hon. Edward M. Chen
United States District Judge
hen
rd M. C
ge Edwa
Jud

FO

5

ERED

O ORD
IT IS S

LI

4

TA

RT
U
O

3

CV13-02073-EMC

C