GoPro, Inc. v. C&A Marketing, Inc. et al

Filing 51

STIPULATION AND ORDER re 47 STIPULATION WITH PROPOSED ORDER re 39 MOTION to Amend/Correct Motion for Leave to Amend Complaint Stipulation, Notice and [Proposed] Order filed by GoPro, Inc. Signed by Judge Jon S. Tigar on May 16, 2017. (wsn, COURT STAFF) (Filed on 5/16/2017)

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KILPATRICK TOWNSEND & STOCKTON LLP
STEVEN D. MOORE (Bar No. 290875)
[e-mail]
MEHRNAZ BOROUMAND SMITH (Bar No. 197271)
[e-mail]
DARIUS C. SAMEROTTE (Bar No. 296252)
[e-mail]
Two Embarcadero Center, Suite 1900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415 576 0300
Attorneys for Plaintiff
GOPRO, INC.

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MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
NATHAN B. SABRI (CA SBN 252216)
[e-mail]
ESTHER KIM CHANG (CA SBN 258024)
[e-mail]
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
C&A Marketing, Inc.; C&A Licensing, LLC;
and PLR IP Holdings, LLC

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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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GOPRO, INC.

Case No. 3:16-cv-03590-JST

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Plaintiff,
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v.
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C&A MARKETING, INC., C&A
LICENSING, LLC, AND PLR IP
HOLDINGS, LLC,
Defendants.

STIPULATION, NOTICE, AND
[PROPOSED] ORDER RE:
WITHDRAWAL OF PLAINTIFF’S
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT (DKT. NO. 39)

Complaint Filed:

June 27, 2016

AND RELATED COUNTERCLAIMS

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STIPULATION, NOTICE, AND [PROPOSED] ORDER RE: WITHDRAWAL OF MOTION
Case No. 3:16-cv-03590-JST

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This Stipulation is entered into by Plaintiff GoPro, Inc. (“GoPro”) and Defendants C&A

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Marketing, Inc.; C&A Licensing, LLC; and PLR IP Holdings, LLC (“Defendants”), subject to

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approval of the Court.

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WHEREAS, on April 14, 2017, GoPro moved for leave to amend its complaint to assert

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United States Design Patent Nos. D657,811 and D644,679 (“the Design Patents”) against

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Defendants (Dkt. No. 39);

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WHEREAS, GoPro’s proposed amended complaint accuses the Polaroid XS80, XS100,

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and XS100i cameras (“Accused Cameras”) and the Polaroid XS80 and XS100 Lens Replacement

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Kits (“Accused Lens Replacement Kits”) (collectively, “Accused Products”) of infringing the

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Design Patents under 35 U.S.C. § 271 (“Design Patent Claims”);
WHEREAS, Defendants have represented in their Opposition to GoPro’s Motion for

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Leave to Amend that C&A Marketing sells well under 100 units of the Accused Products per

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month (Dkt. No. 44), and represented that the other Defendants do not sell the Accused Products;

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WHEREAS, GoPro and Defendants wish to resolve the additional allegations presented in

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GoPro’s proposed amended complaint without further litigation and without otherwise impacting

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this matter;

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IT IS HEREBY STIPULATED AND AGREED:

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1.

Defendants, including any subsidiaries and controlling entities thereof, will not

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make, use, offer to sell, or sell within or import into the United States the Accused Products after

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May 15, 2017;

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2.

Defendants may reuse components of any Accused Cameras in their possession

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other than those included in the Accused Lens Replacement Kits, but will otherwise recycle or

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destroy any Accused Products remaining after May 15, 2017;

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3.

GoPro, in reliance on Defendants’ above representations, withdraws its Motion for

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Leave to File an Amended Complaint (Dkt. No. 39), without prejudice to later assert the Design

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Patents if Defendants make, use, offer to sell, or sell within or import into the United States the

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Accused Products, or to later assert in a different action the Design Patents against other products

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that GoPro alleges infringe.
STIPULATION, NOTICE, AND [PROPOSED] ORDER RE: WITHDRAWAL OF MOTION
Case No. 3:16-cv-03590-JST

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Dated: May 12, 2017

Dated: May 12, 2017

KILPATRICK TOWNSEND & STOCKTON LLP

MORRISON & FOERSTER LLP

/s/ Mehrnaz Boroumand Smith
MEHRNAZ BOROUMAND SMITH

/s/ Nathan B. Sabri
NATHAN B. SABRI

Attorneys for Plaintiff GoPro, Inc.

Attorneys for Defendants C&A
Marketing, Inc.; C&A Licensing, LLC;
and PLR IP Holdings, LLC

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ATTESTATION OF E-FILED SIGNATURE

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I, Mehrnaz Boroumand Smith, am the ECF User whose ID and password are being used to

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file this STIPULATION AND [PROPOSED] ORDER RE: WITHDRAWAL OF

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PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (DKT.

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NO. 39). In compliance with Local Rule 5-1(i)(3), I hereby attest that Nathan B. Sabri has

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concurred in this filing.

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Dated: May 12, 2017

/s/ Mehrnaz Boroumand Smith
Mehrnaz Boroumand Smith

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May 16, 2017
Honorable Jon S. Tigar
United States District Judge

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69356428V.1

STIPULATION, NOTICE, AND [PROPOSED] ORDER RE: WITHDRAWAL OF MOTION
Case No. 3:16-cv-03590-JST

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