Financial Fusion, Inc. et al v. Ablaise Ltd. et al

Filing 152

ORDER by Judge Saundra Brown Armstrong GRANTING 150 Motion to Stay (lrc, COURT STAFF) (Filed on 10/5/2009) Modified on 10/6/2009 (jlm, COURT STAFF).

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[COUNSEL LISTED ON SIGNATURE PAGE]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION FINANCIAL FUSION, INC., Plaintiff, v. ABLAISE LTD., and GENERAL INVENTIONS INSTITUTE A, INC. Defendants. YODLEE, INC., Plaintiff, v. ABLAISE LTD., and GENERAL INVENTIONS INSTITUTE A, INC. Defendants. ABLAISE LTD., and GENERAL INVENTIONS INSTITUTE A, INC. Plaintiffs, v. BANK OF AMERICA CORPORATION, Defendant. RELATED CASE CASE NO. C07-01995 SBA RELATED CASE CASE NO. C06-07222 SBA CASE NO. C06-02451 SBA JOINT NOTICE OF DECISION AND MOTION TO CONTINUE STAY

The three related patent actions listed above have all been stayed since January 15, 2009, by Order of this Court. The Order stayed the proceedings "pending resolution of the 1
JOINT NOTICE AND MOTION TO CONTINUE STAY Related Cases No. C 06-02451 SBA, No. C 06-07222 SBA, and Case No. CV 07-01995 SBA

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reexamination of the `737 patent by the United States Patent and Trademark Office or until a determination of the District Court of Columbia in the Dow Jones litigation, whichever occurs first." Dkt No. 149. The court in the Dow Jones litigation has now held that the patents-in-suit are invalid, and the parties hereby seek a continuance of the stay in these related actions. I. Notice of Disposition and Appeal in the Dow Jones litigation. The parties hereby jointly notify the Court that the District Court of Columbia in the Dow Jones litigation issued a decision granting Dow Jones' Motion for Summary of Judgment regarding the validity of U.S. Patent No. U.S. Patent No. 6,961,737 (the '737 patent) and U.S. Patent No. 6,295,530 ('530 patent) on July 15, 2009. Declaration of Linda J. Thayer ("Thayer Decl."), ¶2. Copies of the Order and Memorandum by the Court are being submitted with this Motion. Thayer Decl., ¶¶3-4. On July 28, 2009, Ablaise and General Inventors Institute A filed a Notice of Appeal signaling its intent to appeal to the United States Court of Appeals for the Federal Circuit the Final Judgment entered in that matter, as well as all issues, rulings, and orders including, but not limited to, the court's Memorandum and Order granting Dow Jones' Motion for Summary Judgment and the Memorandum on claim construction entered on July 11, 2007. A copy of the Notice of Appeal is also being submitted with this Motion. Thayer Decl., ¶5. II. The Parties Jointly Request Continuance of the Stay The parties have previously fully briefed the issue of whether these related cases should be stayed. In light of the ruling in the Dow Jones litigation, and Ablaise's appeal, the Parties jointly request that the Court continue the stay. Consistent with the Court's prior Order, the parties will file a similar report following resolution of the appeal or the reexamination, whichever comes first. By her signature below, the undersigned certifies that she has obtained consent from the other listed counsels to sign and file this document.

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JOINT NOTICE AND MOTION TO CONTINUE STAY Related Cases No. C 06-02451 SBA, No. C 06-07222 SBA, and Case No. CV 07-01995 SBA

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Dated: August 4, 2009 By: /s/Linda J. Thayer Linda J. Thayer, Esq. (SBN 195,115) [e-mail] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 55 Cambridge Pkwy, Suite 700 Cambridge, MA 02142 Tel.: [phone] Fax: [phone] Attorneys for Plaintiff FINANCIAL FUSION, INC.

Dated: August 4, 2009 By: /s/Cyrus A. Morton Cyrus A. Morton (Admitted Pro Hac Vice) Robins Kaplan Miller & Ciresi LLP 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402 Tel.: [phone] Fax: [phone] Attorneys for Defendants ABLAISE LTD. and GENERAL INVENTIONS INSTITUTE A, INC.

Dated: August 4, 2009 By: /s/David M. Barkan David M. Barkan (SBN 160,825) [e-mail] Fish & Richardson P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Tel.: [phone] Fax: [phone] Attorneys for Plaintiff YODLEE, INC. Attorneys for Defendant BANK OF AMERICA CORPORATION

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JOINT NOTICE AND MOTION TO CONTINUE STAY Related Cases No. C 06-02451 SBA, No. C 06-07222 SBA, and Case No. CV 07-01995 SBA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ORDER The Court continues the stay pending the completion of Ablaise's appeal to the Federal Circuit in the Dow Jones litigation. ORDERED this 5th day of October, 2009. ____________________________________ The Honorable Saundra B. Armstrong United States District Judge

JOINT NOTICE AND MOTION TO CONTINUE STAY Related Cases No. C 06-02451 SBA, No. C 06-07222 SBA, and Case No. CV 07-01995 SBA