CG Technology Development, LLC et al v. Zynga, Inc.

Filing 96

STIPULATION AND ORDER RE 95 For Stay Pending Inter Partes Review. Signed by Judge Richard Seeborg on 11/6/17. (cl, COURT STAFF) (Filed on 11/6/2017)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 Robert F. McCauley (SBN 162056) robert.mccauley@finnegan.com Erik R. Puknys (SBN 190926) erik.puknys@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 3300 Hillview Avenue Palo Alto, California 94304 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 Anthony D. Del Monaco, pro hac vice anthony.delmonaco@finnegan.com Scott A. Allen, pro hac vice scott.allen@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 901 New York Avenue, NW Washington, DC 20001-4413 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 DURIE TANGRI LLP SONALI D. MAITRA (SBN 254896) smaitra@durietangri.com RAGHAV KRISHNAPRIYAN (SBN 273411) rkrishnapriyan@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant ZYNGA INC. Attorneys for Plaintiffs CG TECHNOLOGY DEVELOPMENT, LLC, INTERACTIVE GAMES LLC, AND INTERACTIVE GAMES LIMITED 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 15 16 17 18 CG TECHNOLOGY DEVELOPMENT, LLC, INTERACTIVE GAMES LLC, AND INTERACTIVE GAMES LIMITED, Plaintiffs and Counterclaim-Defendants, 19 20 21 22 23 CASE NO. 3:17-cv-04354-RS STIPULATION AND [PROPOSED] ORDER FOR STAY PENDING INTER PARTES REVIEW v. Judge: Hon. Richard Seeborg ZYNGA, INC., Defendant and Counterclaim-Plaintiff. 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR STAY PENDING INTER PARTES REVIEW CASE NO. 3:17-CV-04354-RS 1 WHEREAS, Plaintiffs CG Technology Development, LLC, Interactive Games Limited, and 2 Interactive Games, LLC (collectively, “Plaintiffs”) allege that Defendant Zynga, Inc. (“Zynga”) 3 infringes various claims of U.S. Patent No. RE39,818 (the “’818 patent”). On March 13, 2017, 4 Bwin.Party (USA), Inc.; Bwin.Party Digital Entertainment PLC; Bwin.Party Entertainment (NJ), 5 LLC; DraftKings, Inc.; FanDuel Inc.; FanDuel Limited; and GVC Holdings PLC, some of who are 6 defendants in cases currently pending in the District of Nevada and District of Delaware, filed an 7 Inter Partes Review Petition with the U.S. Patent and Trial Appeal Board (“PTAB”), having case 8 number IPR2017-00902 (“IPR”), alleging that certain claims of the patent-in-suit are invalid; 9 WHEREAS, the PTAB instituted the ’818 IPR petition on October 18, 2017, with the 10 11 12 13 PTAB’s final written decision scheduled for October 18, 2018; WHEREAS, the Parties anticipate expending significant resources on this litigation, including discovery, claim construction, and potentially trial, during the pendency of the IPRs; WHEREAS, the Parties agree that resolution of the pending IPR will streamline this 14 litigation and may assist in the Parties’ efforts to reach a settlement agreement. For example, the IPR 15 could impact claim construction issues. The IPR could also result in all the claims of the patents-in- 16 suit being invalidated. A stay would, therefore, result in substantial savings for the Parties and would 17 conserve judicial resources; 18 IT IS HEREBY STIPULATED, WITH THE COURT’S PERMISSION, AND AGREED, by 19 the Parties, through their respective counsel, that the Court should vacate all deadlines in the above- 20 captioned matter, including the Case Management Conference scheduled for November 9, 2017, 21 and, with the Court’s permission, enter a stay of all proceedings in this matter pursuant to the 22 agreement of the Parties described herein pending the PTAB’s final written decision on the IPR. 23 With the Court’s permission, the Parties shall file a status report within ten days of the date on which 24 the PTAB’s final written decision is rendered and shall file a copy of the decision as an attachment 25 to the report. Upon notice of issuance of the PTAB’s final written decision to the Court, the stay is 26 lifted subject to further order of the Court. In addition, with the Court’s permission, the Parties shall 27 file a status report every six months from the date of the Court’s order granting a stay of this case. 28 IT IS SO STIPULATED. 1 STIPULATION FOR STAY PENDING INTER PARTES REVIEW; [PROPOSED] ORDER 1 By signature below, counsel for Plaintiffs attests the counsel for Defendant concurs in the 2 filing of this paper. 3 Dated: November 6, 2017 4 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 5 By: /s/ Anthony D. Del Monaco Anthony D. Del Monaco (pro hac vice) 6 7 Attorneys for Plaintiffs CG TECHNOLOGY DEVELOPMENT, LLC, INTERACTIVE GAMES LLC, AND INTERACTIVE GAMES LIMITED 8 9 10 11 12 13 14 15 Dated: November 6, 2017 DURIE TANGRI LLP By: /s/ Raghav Krishnapriyan Raghav Krishnapriyan Attorneys for Defendant ZYNGA INC 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION FOR STAY PENDING INTER PARTES REVIEW; [PROPOSED] ORDER 1 2 [PROPOSED] ORDER Pursuant to stipulation, IT IS SO ORDERED 3 4 5 11/6/17 Dated: ___________________ ____________________________________ The Honorable Richard Seeborg United States District Judge Northern District of California 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION FOR STAY PENDING INTER PARTES REVIEW; [PROPOSED] ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?