Coho Licensing LLC v. AOL, Inc

Filing 36

ORDER GRANTING 35 STIPULATION to Set an Earlier Hearing Date. Responses due by 9/8/2014. Replies due by 9/12/2014. Motion Hearing set for 9/26/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 9/2/14. (jjoS, COURT STAFF) (Filed on 9/2/2014)

Case4:14-cv-02127-JSW Document35 Filed08/28/14 Page1 of 6

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Christopher Kao, Bar No. 237716
[e-mail]
Brock S. Weber, Bar No. 261383
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: 650.838.4350

Jean G. Vidal-Font, Bar No. 266475
[e-mail]
FERRAIUOLI LLC
221 Plaza 5th Floor
221 Ponce de León Ave.
San Juan, Puerto Rico 00917
[phone]
Attorneys for Plaintiff
Coho Licensing LLC

Attorneys for Defendant
AOL, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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COHO LICENSING LLC, a Delaware
company,
Plaintiff,
v.
AOL, INC., a Delaware corporation,
Defendant.

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Case No. C 14-02127-JSW
STIPULATION AND [PROPOSED]
ORDER TO SET AN EARLIER HEARING
DATE OF SEPTEMBER 26, 2014 ON
DEFENDANT’S MOTION TO STAY
PENDING INTER PARTES REVIEW
Date:
Time
Place:
Judge:

October 10, 2014
9:00 A.M.
Courtroom 5, 2nd Floor
Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER TO
SET EARLIER HEARING DATE
CASE NO. 14-02127-JSW

Case4:14-cv-02127-JSW Document35 Filed08/28/14 Page2 of 6

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Plaintiff Coho Licensing LLC (“Coho Licensing”) and Defendant AOL, Inc. (“AOL”)

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hereby stipulate and agree through their respective counsel of record, pursuant to Civil Local

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Rules 7-11 and 7-12, and this Court’s Standing Order No. 4, as follows:

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WHEREAS, AOL filed a Motion to Stay Pending Inter Partes Review in a related case

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between the parties on August 15, 2014 (Case No. 14-1578-JSW, Dkt. No. 36; hereinafter, the

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“First Motion to Stay”);

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WHEREAS, AOL also sought to stay the above-captioned action in that First Motion to
Stay (see, e.g., First Motion to Stay at 1, Notice of Motion);

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WHEREAS, the Court set a hearing date of September 26, 2014 on AOL’s First Motion to
Stay (Case No. 14-1578-JSW, Dkt. No. 37 at 1);

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WHEREAS, all other Defendants in the related Coho Licensing cases have also noticed

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similar motions to stay for September 26, 2014 (Coho Licensing LLC v. Glam Media Inc. and

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Ning Inc., 14-cv-1576, Dkt. No. 60; Coho Licensing LLC v. LinkedIn Corp., 14-cv-1577, Dkt.

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No. 57; Coho Licensing LLC v. Rovi Corporation, 14-cv-1579, Dkt. No. 55; Coho Licensing LLC

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v. Twitter Inc., 14-cv-2718, Dkt. No. 45; Coho Licensing LLC v. Glam Media Inc. and Ning Inc.,

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14-cv-2128, Dkt. No. 35; Coho Licensing LLC v. LinkedIn Corp., 14-cv-2131, Dkt. No. 33; Coho

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Licensing LLC v. Rovi Corporation, 14-cv-2130, Dkt. No. 34; and Coho Licensing LLC v.

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Twitter, Inc., 14-cv-2132, Dkt. No. 30);

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WHEREAS, all motions to stay pending before this Court in the related cases are based on

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the petitions for inter partes review that AOL recently filed against all claims of all patents-in-

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suit;

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WHEREAS, pursuant to the Court’s August 26, 2014 Order (Case No. 14-1578-JSW,

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Dkt. No. 37 at 1), AOL filed a Motion to Stay Pending Inter Partes Review in the above-

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captioned case on August 27, 2014 (Dkt. No. 34; hereinafter, “Second Motion to Stay”);

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WHEREAS, AOL’s Second Motion to Stay is currently noticed for hearing on October
10, 2014, which was the Court’s first available date for a noticed motion in this case;

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LEGAL123315584.1

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STIPULATION AND [PROPOSED] ORDER TO
SET EARLIER HEARING DATE
CASE NO. 14-02127-JSW

Case4:14-cv-02127-JSW Document35 Filed08/28/14 Page3 of 6

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WHEREAS, AOL’s Second Motion to Stay is substantively identical to AOL’s First

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Motion to Stay, and the motions seek to stay both related cases against AOL (Case Nos. 14-1578-

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JSW and 14-2127-JSW) pending inter partes review of the patents-in-suit;

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WHEREAS, Coho Licensing’s response to the Second Motion to Stay is due by
September 10, 2014, and AOL’s reply is due by September 17, 2014;

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IT IS HEREBY STIPULATED AND REQUESTED that the Court reset the hearing date

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for AOL’s Second Motion to Stay, filed in above-captioned case (Dkt. No. 34), to coincide with

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the September 26, 2014 hearing date for all the other pending motions to stay, including AOL’s

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First Motion to Stay. Good cause supports this stipulation and request because (1) the motions to

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stay pending in the related cases all concern the same issue, (2) the briefing on AOL’s First

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Motion to Stay will be virtually identical to the briefing on AOL’s Second Motion to Stay, and

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(3) it would conserve the resources of the Court and the parties to hear all of these related motions

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to stay on September 26, 2014.

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DATED: August 28, 2014

PERKINS COIE LLP

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By:

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Attorneys for Defendant
AOL, Inc.

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/s/ Christopher Kao
Christopher Kao

DATED: August 28, 2014

FERRAIUOLI LLC

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By:

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/s/ Jean G. Vidal-Font
Jean G. Vidal-Font

Attorneys for Plaintiff
Coho Licensing LLC

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STIPULATION AND [PROPOSED] ORDER TO
SET EARLIER HEARING DATE
CASE NO. 14-02127-JSW

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I, Christopher Kao, hereby attest, pursuant to Civil L.R. 5-1(i)(3), that the concurrence to

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the filing of this document has been obtained from each signatory hereto.

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DATED: August 28, 2014

PERKINS COIE LLP

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By:

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/s/ Christopher Kao
Christopher Kao

Attorneys for Defendant
AOL, Inc.

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STIPULATION AND [PROPOSED] ORDER TO
SET EARLIER HEARING DATE
CASE NO. 14-02127-JSW

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[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, AND WITH
GOOD CAUSE APPEARING, IT IS ORDERED THAT:
The hearing date for Defendant AOL, Inc.’s Motion to Stay in this case is set for
September 26, 2014. The opposition or statement of non-opposition shall be filed by no later than
September 8, 2014. The reply, if any, shall be filed by no later than September 12, 2014.
DATED: September 2, 2014
Hon. Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO
SET EARLIER HEARING DATE
CASE NO. 14-02127-JSW