Blue Spike, LLC v. Gracenote Inc et al
Filing
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STIPULATION AND ORDER, ORDER DISMISSING CASE WITH PREJUDICE.The Friday, October 20, 2017 at 9:01 AM Compliance hearing is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 10/13/17. (fs, COURT STAFF) (Filed on 10/13/2017)
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DARREN E. DONNELLY (CSB No. 194335)
ddonnelly@fenwick.com
BRYAN A. KOHM (CSB No. 233276)
bkohm@fenwick.com
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
Attorneys for Defendants
GRACENOTE INC., TRIBUNE COMPANY, and
TRIBUNE MEDIA SERVICES, LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
MOUNTAIN VIEW
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ATTORNEYS AT LAW
F ENWICK & W EST LLP
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BLUE SPIKE, LLC,
Plaintiff,
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GRACENOTE INC., et al.,
Defendants.
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STIPULATION OF DISMISSAL
AND ORDER
v.
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Case No. 4:15-CV-01494-YGR
WHEREAS on November 10, 2015, this Court entered a Stipulation and Order to Stay
Case (“Stay Order,” ECF No. 76), staying this litigation pending the resolution of the appeal to
the U.S. Court of Appeals for the Federal Circuit by Plaintiff Blue Spike, LLC (“Blue Spike”) of
the judgment in Blue Spike, LLC v Google, Inc. Case No. 14-cv-01650-YGR (N.D. Cal),
(“Google Action”), in which the Court found claims of U.S. Patent Nos 7,346,472, 7,660,700,
7,949,494, 8,214,175 and 8,712,728 invalid for lack of patentable subject matter under 35 U.S.C.
§ 101;
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STIPULATION OF DISMISSAL WITH
PREDJUDICE
CASE NO. 4:15-CV-01494-YGR
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WHEREAS the Federal Circuit issued a Judgment summarily affirming the judgment in
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the Google Action in its entirety, see Blue Spike, LLC v Google, Inc. No. 2016-1054 (Fed. Cir.
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Oct 14, 2016); and
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WHEREAS the Stay Order provided that “if a Google judgment or invalidity is affirmed,
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such affirmance is dispositive of this case,” and that should the Federal Circuit affirm the
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judgment in the Google Action, “Blue Spike expressly agrees that the Google judgment of
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invalidity and its subsequent affirmance will collaterally estop Blue Spike from disputing the
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invalidity of the five asserted patents or asserting these patents against Defendants, including for
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patent claims not expressly recited in the Google judgment.” (ECF No. 75 at 2);
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MOUNTAIN VIEW
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ATTORNEYS AT LAW
F ENWICK & W EST LLP
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NOW THEREFORE, the parties to this action, through their respective counsel of record
hereby stipulate, and respectfully request that the Court order, as follows:
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Based on the judgment in the Google action, Blue Spike’s claims in this action are
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hereby dismissed with prejudice, and Defendants’ counterclaims dismissed as moot, with each
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side to bear its own costs and attorneys’ fees.
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2.
In accordance with the agreement reflected in the Stay Order, Blue Spike and its
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subsidiaries are hereby collaterally estopped from disputing the invalidity of the five asserted
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patents or asserting these patents against Defendants and their subsidiaries, including for patent-
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in-suit claims not expressly recited in the Google judgment.
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Dated: October 13, 2017
FENWICK & WEST LLP
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By: /s/ Darren Donnelly
Darren Donnelly
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Attorneys for Plaintiff
GRACENOTE INC., TRIBUNE
COMPANY, and TRIBUNE MEDIA
SERVICES, LLC.
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STIPULATION OF DISMISSAL WITH
PREDJUDICE
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CASE NO. 4:15-CV-01494-YGR
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Dated: October 13 , 2017
GARTEISER HONEA PLLC
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By: /s/ Randall Garteiser
Randall Garteiser
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Attorneys for Plaintiff
BLUE SPIKE, LLC
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ATTESTATION
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I, Darren Donnelly, am the ECF User whose identification and password are being used to
file this STIPULATION and [PROPOSED] ORDER. In Compliance with Civil Local Rule 51(i)(3), I hereby attest that all signatories have concurred in this filing.
MOUNTAIN VIEW
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ATTORNEYS AT LAW
F ENWICK & W EST LLP
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Dated: October 13, 2017
/s/ Darren Donnelly
Darren Donnelly
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[PROPOSED] ORDER
Pursuant to the stipulation it is SO ORDERED.
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Dated: __________________________
October 13, 2017
________________________________
Honorable Yvonne Gonzalez Rogers
United States District Judge
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STIPULATION OF DISMISSAL WITH
PREDJUDICE
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CASE NO. 4:15-CV-01494-YGR
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