X.Commerce, Inc. v. Express Mobile, Inc.

Filing 259

ORDER RE STATUS OF STAY(rslc1, COURT STAFF) (Filed on 12/10/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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X.COMMERCE, INC.,

Case No. 17-cv-02605-RS

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER RE STATUS OF STAY

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EXPRESS MOBILE, INC.,
Defendant.

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The parties have complied with the court’s request for a status report regarding the

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temporary stay in this matter. They agree that while the PTO proceedings as to one of the patents-

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in-suit are now final, challenges to the other patent are ongoing. Additionally, a new third-party

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request for review is pending, although that would not independently support a stay.

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Plaintiff proposes partially lifting the stay, to permit adjudication of one prong of its

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pending motion for summary judgment. In the alternative, plaintiff requests the stay be continued

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in whole through the end of May, 2022. Defendant, the patent holder, urges that the stay should be

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lifted in its entirety now.

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In light of all the circumstances, it is appropriate to continue the stay through March of
2022. The parties shall file a joint status report no later than March 25, 2022.

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IT IS SO ORDERED.

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Dated: December 10, 2021
______________________________________
RICHARD SEEBORG
Chief United States District Judge

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United States District Court
Northern District of California

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CASE NO.

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17-cv-02605-RS