Anoto AB et al v. LeapFrog Enterprises, Inc.

Filing 28

STIPULATION AND ORDER to Withdraw Petition to Confirm Arbitration Order Signed by Judge Jon S. Tigar on 11/22/2016 re 27 Stipulation with [Proposed]Order to Withdraw Petition to Confirm Arbitration Order. (tnS) (Filed on 11/22/2016)

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Robert F. McCauley (SBN 162056)
[e-mail]
Jacob A. Schroeder (SBN 264717)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, CA 94304-1203
Telephone:
[phone]
Facsimile:
[phone]

Lynn H. Murray (pro hac vice)
[e-mail]
SHOOK HARDY & BACON L.L.P.
11 South Wacker Drive, Suite 5100
Chicago, IL 60606
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Petitioners
Anoto AB and Livescribe, Inc.

Attorneys for Respondent
LeapFrog Enterprises, Inc.

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Katherine A. Wolf (SBN 267763)
[e-mail]
SHOOK HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

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IN THE 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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Anoto AB and Livescribe, Inc.,
Petitioners,

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v.

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CASE NO. 3:16-CV-06209-JST
STIPULATION AND [PROPOSED]
ORDER TO WITHDRAW PETITION
TO CONFIRM ARBITRATION
ORDER

LeapFrog Enterprises, Inc.,
Respondent.

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STIPULATION
AND [PROPOSED] ORDER
CASE NO. 3:16-CV-06209-JST

3875814

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Petitioners Anoto Group AB and Livescribe, Inc. (“Petitioners”), and Respondent LeapFrog

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Enterprises, Inc. (collectively “the Parties”), through their respective counsel of record, hereby

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advise the Court that their executives have agreed to certain terms ("Executive Agreement") that will

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resolve the Petition To Confirm Arbitration Order, assuming compliance with those terms. They

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continue to work on an agreement that may resolve this matter entirely. The Executive Agreement is

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as follows:

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1.

By December 15, 2016, LeapFrog shall ship 30,000 DotPos units to the following

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address: Anoto Group AB, c/o Schenker International (H.K.) Ltd., 10/F, Winner Godown Building,

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1-9 Sha Tsui Road, Tsuen Wan, NT, HK, by FedEx International Priority;

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2.

By December 31, 2016, LeapFrog shall ship 24,180 DotPos units to the address and

by the shipment method specified in Section 1, above;

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3.

Conditioned on prepayment by Anoto of US$ 225,000 on or before January 1, 2017,

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LeapFrog shall ship (a) 50,000 DotPos units by January 15, 2017 and (b) 50,000 DotPos units by

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February 15, 2017, to Anoto at the same address and by the same method specified in Section 1,

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above. In the event of a force majeure event (a public disorder, disaster, war, insurrection, flood,

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fire, act of God, failure of supply or utility or other occurrence beyond the reasonable control of

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LeapFrog) which directly impedes LeapFrog’s ability to perform its obligations with respect to this

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Section 3, the applicable date(s) for LeapFrog’s performance shall be adjusted and extended for a

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period equal to the duration of such force majeure.

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In view of the above Agreement, the Parties stipulate, with the Court’s permission, that:

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1.

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hearing on November 14, 2016, at 2:00 p.m., is withdrawn without prejudice; and

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Petitioners’ Petition to Confirm Arbitration Order [Dkt. 1], previously scheduled for a

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Judge Tigar retains jurisdiction over this matter to enforce this Order and the

Executive Agreement included herein.

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ATTESTATION

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By his signature below, counsel for Petitioners Anoto Group AB and Livescribe, Inc. hereby
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attests that counsel for Respondent concurs in the filing of this document.
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1
3875814

STIPULATION
AND [PROPOSED] ORDER
CASE NO. 3:16-CV-06209-JST

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Dated: November 17, 2016

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By: /s/ Robert F. McCauley
Robert F. McCauley (SBN 162056)
[e-mail]
Jacob A. Schroeder (SBN 264717)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, CA 94304-1203
Telephone:[phone]
Facsimile: [phone]

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Attorneys for Petitioners
Anoto AB and Livescribe, Inc.

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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

Dated: November 17, 2016

SHOOK HARDY & BACON, L.L.P.

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By: /s/ Lynn H. Murray
Lynn H. Murray (pro hac vice)
[e-mail]
SHOOK HARDY & BACON L.L.P.
11 South Wacker Drive, Suite 5100
Chicago, IL 60606
Telephone:
[phone]
Facsimile:
[phone]

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Katherine A. Wolf (SBN 267763)
[e-mail]
SHOOK HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Respondent
Leapfrog Enterprises, Inc.

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[PROPOSED] ORDER

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Pursuant to the foregoing stipulation of the parties, IT IS SO ORDERED.

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Date: November __, 2016
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_____________________________________

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The Honorable Jon S. Tigar
United States District Court Judge

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3875814

STIPULATION
AND [PROPOSED] ORDER
CASE NO. 3:16-CV-06209-JST