Google Inc. v. Netlist, Inc.

Filing 182

MOTION to Stay Pending Reexamination of U.S. Patent No. 7,289,386 filed by Google Inc.. Motion Hearing set for 10/26/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2 (1 of 2), # 4 Exhibit 2 (2 of 2), # 5 Exhibit 3, # 6 Proposed Order)(Ezgar, Geoffrey) (Filed on 8/26/2010)

Google Inc. v. Netlist, Inc.

Doc. 182 Att. 6

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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]) SUSAN KIM (pro hac vice/[e-mail]) DANIEL MILLER (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. Civil Action No. C08 04144 SBA [Related to Civil Action No. C09-05718 SBA] [PROPOSED] ORDER GRANTING GOOGLE INC.'S MOTION TO STAY PENDING REEXAMINATION OF U.S. PATENT NO. 7,289,386 Date: Time: Place: Judge: October 26, 2010 1:00pm Courtroom 3 Hon. Saundra Brown Armstrong

[PROPOSED] ORDER GRANTING GOOGLE'S MOTION TO STAY PENDING REEXAMINATION OF U.S. PATENT NO. 7,289,386

CASE NO. CV08-04144 SBA [RELATED TO CASE NO: CV09-05718 SBA

Dockets.Justia.com

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This Court has reviewed Plaintiff Google Inc.'s ("Google") Motion for Stay Pending Reexamination of U.S. Patent No. 7,289,386, Defendant Netlist, Inc.'s ("Netlist") Opposition thereto, the declarations and other evidence submitted in support of and in opposition to that motion, and heard arguments of counsel. The Court finds that the relevant factors militate in favor of a stay. Accordingly, it is hereby ordered that: 1. Google Inc.'s Motion to Stay Pending Reexamination of U.S. Patent No.

7,289,386 is GRANTED. The Court, therefore, orders that all proceedings before the Court are stayed until the inter partes reexamination of U.S. Patent No. 7,289,386 before the United States Patent and Trademark Office is complete. 2. The Clerk of U.S. District Court shall ADMINISTRATIVELY CLOSE this

3.

The parties are instructed to submit status reports to the Court every six months,

appraising the Court of the status of the pending reexamination proceeding. The parties are advised that the failure to submit such status reports could result in dismissal of this matter. 4. Upon final exhaustion of all pending reexamination proceedings, including any

appeals, the parties shall jointly submit to the Court, within one week, a letter indicating that all appeals have been exhausted, and requesting that this matter be reopened and a case management conference be scheduled. IT IS SO ORDERED.

Dated: ______________

______________________________ Hon. Saundra B. Armstrong UNITED STATES DISTRICT JUDGE

2 [PROPOSED] ORDER GRANTING GOOGLE'S MOTION TO STAY PENDING REEXAMINATION OF U.S. PATENT NO. 7,289,386 CASE NO. CV08-04144 SBA [RELATED TO CASE NO: CV09-05718 SBA