MasterObjects, Inc. v. Google, Inc.

Filing 59

STIPULATION AND ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT re 58 Stipulation, filed by MasterObjects, Inc. Signed by Judge Phyllis J. Hamilton on 11/29/11. (nah, COURT STAFF) (Filed on 11/29/2011)

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SPENCER HOSIE (SBN 101777)
[e-mail]
GEORGE F. BISHOP (SBN 89205)
[e-mail]
DIANE S. RICE (SBN 118303)
[e-mail]
WILLIAM P. NELSON (SBN 196091)
[e-mail]
HOSIE RICE LLP
600 Montgomery Street, 34th Floor
San Francisco, CA 941111
[phone] Tel.
[phone] Fax

TERRENCE P. McMAHON (SBN 71910)
[e-mail]
VERA M. ELSON (SBN 156327)
[e-mail]
VANESSA LEFORT (SBN 260687)
[e-mail]
McDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, CA 94024-4004
[phone] Tel.
[phone] Fax
Attorneys for Defendant
GOOGLE INC.

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Attorneys for Plaintiff
9 MASTEROBJECTS, INC.
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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MASTEROBJECTS, INC.,

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Case No. CV 11-1054 PJH
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO FILE
SECOND AMENDED COMPLAINT

v.

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GOOGLE INC.,
Defendant.
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AND RELATED COUNTERCLAIMS

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Plaintiff MasterObjects, Inc. (“Plaintiff”) and defendant Google Inc. (“Defendant”),

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STIPULATION AND [PROPOSED] ORDER FOR
LEAVE TO FILE SECOND AMENDED COMPLAINT

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Case No. CV 11-1054 PJH

WHEREAS, on or about March 7, 2011, Plaintiff served its Original Complaint upon

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2 Defendant; Plaintiff’s Original Complaint alleges counts for patent infringement, including
3 direct infringement, induced infringement, and contributory infringement;
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WHEREAS, Plaintiff filed its First Amended Complaint on June 10, 2011;

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WHEREAS, at the September 22, 2011 Status Conference, the parties discussed the
circumstances under which MasterObject’s newly allowed patent application would be

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asserted in this action;
WHEREAS, U.S. Patent No. 8,060,639 issued to MasterObjects on November 15,

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10 2011;
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WHEREAS, Plaintiff intends to seek leave to file its Second Amended Complaint,

12 whereby Plaintiff no longer alleges (and hereby withdraws its earlier allegations) that
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Defendant infringes under 35 U.S.C. §§ 271 (b) or (c).

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WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that

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Plaintiff may seek leave from the Court to file its Second Amended Complaint, attached

17 hereto as Exhibit 1, and Defendant will not oppose. Plaintiff and Defendant, through their
18 respective counsel of record, have agreed to this filing.
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20 Dated: November 22, 2011
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HOSIE RICE LLP

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By: /s/ _William P. Nelson___________
William P. Nelson
Attorneys for Plaintiff
MasterObjects, Inc.

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STIPULATION AND [PROPOSED] ORDER FOR
LEAVE TO FILE SECOND AMENDED COMPLAINT

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Case No. CV 11-1054 PJH

McDERMOTT WILL & EMERY LLP

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By: _/s/ _Vera M. Elson_______
Vera M. Elson
Attorneys for Defendant
Google Inc.

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I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic

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filing of this document has been obtained from the other signatories.

9 Dated: November 22, 2011
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/s/ William P. Nelson___
William P. Nelson

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STIPULATION AND [PROPOSED] ORDER FOR
LEAVE TO FILE SECOND AMENDED COMPLAINT

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Case No. CV 11-1054 PJH

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PURSUANT TO STIPULATION IT IS ORDERED THAT

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Leave to file Plaintiff’s Second Amended Complaint is GRANTED.

S DISTRIC

yllis J.
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_____________________________________
TE
TA J. Hamilton
Honorable Phyllis
U.S. District Court Judge

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Dated: November __, 2011

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STIPULATION AND [PROPOSED] ORDER FOR
LEAVE TO FILE SECOND AMENDED COMPLAINT

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Case No. CV 11-1054 PJH