Google Inc. v. Netlist, Inc.

Filing 181

MOTION to Shorten Time filed by Google Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Proposed Order)(Ezgar, Geoffrey) (Filed on 8/26/2010)

Google Inc. v. Netlist, Inc.

Doc. 181

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TIMOTHY T. SCOTT (SBN 126971/[e-mail]) GEOFFREY M. EZGAR (SBN 184243/ [e-mail]) LEO SPOONER III (SBN 241541/[e-mail]) KING & SPALDING LLP 333 Twin Dolphin Drive, Suite 400 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] SCOTT T. WEINGAERTNER (pro hac vice/[e-mail]) ROBERT F. PERRY ([e-mail]) ALLISON ALTERSOHN (pro hac vice/[e-mail]) DANIEL MILLER (pro hac vice/[e-mail]) SUSAN KIM (pro hac vice/[e-mail]) KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GOOGLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GOOGLE INC., Plaintiff, v. NETLIST, INC., Defendant. GOOGLE INC.'S NOTICE OF MOTION AND MOTION TO SHORTEN TIME Case No. CV08-04144 SBA [Related to Case No: CV09-05718 SBA]

GOOGLE'S MOTION TO SHORTEN TIME Case No. CV08-04144 SBA [Related to Case No: CV09-05718 SBA

Dockets.Justia.com

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TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to Civ. L.R. 6-3, Plaintiff Google, Inc. ("Google") hereby move this Court for an order shortening the time on its Motion to Stay Pending Reexamination of U.S. Patent No. 7,289,386. This motion is supported by the following argument, the Declaration of Allison Altersohn in Support of Google's Motion to Shorten Time ("Decl."), the facts established in this case, the evidence on file, and Google's Motion to Stay Pending Reexamination of U.S. Patent 7,289,386 and the Declaration of Allison Altersohn in Support of Google Inc.'s Motion to Stay Pending Reexamination of U.S. Patent No. 7,289,386 filed concurrently herewith. ARGUMENT Pursuant to Civil Local Rule 6-3, Google respectfully seeks the Court's leave for a hearing on its Motion to Stay Pending Reexamination of U.S. Patent No. 7,289,386 either on September 14, 2010, or as soon thereafter as reasonably possible. As set forth in Google's Motion to Stay, the United States Patent and Trademark Office ("USPTO") recently granted earlier this month Google's request for inter partes reexamination of U.S. Patent No. 7,289,386 ("the `386 Patent"). (Decl. Ex. A.) In view of the USPTO finding seven (7) substantial new questions of patentability for all asserted claims of the `386 Patent based on multiple prior art references, Google is moving the Court for a stay in this case until the current reexamination of the `386 Patent is concluded. Pursuant to the local rules, the next available date on this Court's calendar to that is at least 35 days from today would be October 26, 2010. However, this would be after the Court already conducts a hearing on the parties' pending motions for summary judgment, which is set to take place on September 14, 2010, and further holds the pretrial conference for this matter on October 19, 2010. As explained in Google's Motion to Stay, a stay is appropriate in this case because it will further the interest of judicial economy, particularly because the pending inter partes reexamination is likely to resolve all issues in the litigation, and because a stay does not unduly prejudice or present a clear tactical disadvantage to Netlist. Therefore, Google requests that its Motion to Stay be heard as soon as practically possible so the parties and especially the Court can avoid expending significant work in preparing for the remaining portions of this case.
GOOGLE'S MOTION TO SHORTEN TIME Case No. CV08-04144 SBA [Related to Case No: CV09-05718 SBA

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In accordance with the Court's Standing Order, Google met and conferred with Netlist before filing this motion and Netlist refused to agree to stipulate to such motion. CONCLUSION For all these reasons, Google respectfully requests this motion to shorten time be granted.

DATED: August 26, 2010

KING & SPALDING LLP By: /s/ Geoffrey Ezgar Geoffrey Ezgar (SBN 184243) Attorneys for Plaintiff GOOGLE INC. .

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GOOGLE'S MOTION TO SHORTEN TIME Case No. CV08-04144 SBA [Related to Case No: CV09-05718 SBA