Affinity Labs of Texas, LLC v. Samsung Electronics Co., Ltd et al

Filing 72

ORDER STAYING ACTIONS PENDING INTER PARTES REVIEW PROCEEDINGS AND SETTING COMPLIANCE HEARINGS by Judge Yvonne Gonzalez Rogers, terminating (65) Motion to Stay in case 4:14-cv-02717-YGR; granting (94) Stipulation in case 4:14-cv-03030-YGR; granti ng (121) Stipulation in case 4:14-cv-03031-YGR. Pursuant to the Stipulation to Stay Actions Pending Inter Partes review proceedings, Case Nos. 4:14-cv-3030-YGR and 4:14-cv-3031-YGR are hereby STAYED pending final exhaustion of inter partes review p roceedings.Compliance hearing set Friday, February 13, 2015 at 9:01am. Joint Statement filed five days prior. The Compliance hearing scheduled for Tuesday, August 19,2014 is VACATED.As previously ordered, Case No. 4:14-cv-2717-YGR is the lead case in this series of patent cases and all documents shall be filed in the 4:14-cv-2717-YGR docket. (fs, COURT STAFF) (Filed on 8/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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AFFINITY LABS OF TEXAS LLC,
Plaintiff,

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v.

Case No.: 14-CV-2717 YGR
ORDER STAYING ACTIONS PENDING INTER
PARTES REVIEW PROCEEDINGS AND SETTING
COMPLIANCE HEARINGS

SAMSUNG ELECTRONICS CO., LTD., et al.,
Defendants.
This Order Relates To:
14-CV-3030 YGR
14-CV-3031 YGR
TO ALL PARTIES AND COUNSEL OF RECORD:
As previously ordered, Case No. 4:14-cv-02717-YGR is the lead case in this series of patent
cases and all documents shall be filed in this docket.
Pursuant to the Stipulation to Stay Actions Pending Inter Partes Review Proceedings, Case

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Nos. 4:14-cv-03030-YGR and 4:14-cv-03031-YGR are hereby STAYED pending final exhaustion of

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inter partes review proceedings IPR2014-01181, IPR2014-01182, and IPR2014-01184 of U.S.

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Patent No. 8,532,641. Defendants BlackBerry Limited f/k/a Research in Motion Limited, and

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BlackBerry Corporation will be estopped from asserting that claims 1-3 and 5-14 of U.S. Patent

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No. 8,532,641 patent are invalid on any ground that was raised or reasonably could have been

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raised in inter partes review proceedings IPR2014-01181, IPR2014-01182, and IPR2014-01184 of

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the ‘641 patent that results in a final written decision under 35 U.S.C. § 318(a). This Order does not

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preclude any party from moving to reopen these actions.

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The parties shall submit a joint status report every six months, notifying the Court of the

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progress of the review proceedings. The first such report shall be filed no later than the first

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business day of February 2015, with subsequent filings due every six months thereafter, on the first

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business day of the month.

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The Court hereby sets a compliance hearing on its 9:01 a.m. Calendar on Friday, February
13, 2015, in Courtroom 1 of the United States Courthouse located at 1301 Clay Street in Oakland,

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California. At least five business days prior to the date of the compliance hearing, the parties shall

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file either: (a) their joint status report; or (b) a one-page joint statement setting forth an explanation

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United States District Court
Northern District of California

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for their failure to comply. If compliance is complete, the parties need not appear and the

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compliance hearing will be taken off calendar. Telephonic appearances will be allowed if the

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parties have submitted a joint statement in a timely fashion. Failure to do so may result in

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sanctions.

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This Order terminates Docket No. 65 in Case No. 13-cv-02717-YGR; terminates Docket

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No. 94 in Case No. 13-cv-03030-YGR; terminates Docket No. 121 in Case No. 13-cv-03031-YGR;

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and stays Case Numbers 14-cv-03030-YGR and 14-cv-03031-YGR. The compliance hearing

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scheduled for Tuesday, August 19, 2014 shall be taken off calendar.

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IT IS SO ORDERED.

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Date: August 14, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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