Mobilemedia Ideas LLC v. Samsung Electronics Co., LTD. et al

Filing 92

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IRONWORKS PATENTS LLCS 66 MOTION TO SUBSTITUTE PARTIES AND COUNSEL. MobileMedia Ideas LLC terminated. (ndrS, COURT STAFF) (Filed on 7/6/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MOBILEMEDIA IDEAS LLC, et al., Plaintiffs, 8 v. 9 10 SAMSUNG ELECTRONICS CO., LTD., et al., 11 Case No. 17-cv-01958-HSG ORDER GRANTING IRONWORKS PATENTS LLC’S MOTION TO SUBSTITUTE PARTIES AND COUNSEL Re: Dkt. No. 66 United States District Court Northern District of California Defendants. 12 13 On May 26, 2017, MobileMedia Ideas LLC (“MMI”) filed suit against Samsung 14 Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”), alleging 15 infringement of the ’078, ’239, and ’125 Patents.1 Dkt. No. 1 (“Compl”). On March 27, 2017, 16 MMI assigned the patents-in-suit to Ironworks Patents LLC (“Ironworks”). Dkt. No. 66-2. 17 Consequently, Ironworks has filed a motion to substitute parties and counsel, Dkt. No. 66, which 18 is now fully briefed. Federal Rule of Civil Procedure 25(c) states that “[i]f an interest is transferred, the action 19 20 may be continued by or against the original party unless the court, on motion, orders the transferee 21 to be substituted in the action or joined with the original party.” The decision of whether to grant 22 a motion to substitute or join a party is left to the “sound discretion” of the district court, weighing 23 whether “the transferee’s presence would facilitate the conduct of the litigation.” In re Bernal, 24 207 F.3d 595, 598 (9th Cir. 2000) (internal quotation marks omitted). Accordingly, “the court, if 25 it sees fit, may allow the transferee to be substituted for the transferor or if it wishes, it may retain 26 the transferor as a party and order that the transferee be made an additional party.” McKesson 27 1 28 These patents-in-suit were issued as U.S. Patent Nos. 6,427,078; 5,915,239; and 5,553,125. Compl. ¶¶ 18, 21, 24. 1 Info. Sols., Inc. v. Bridge Med., Inc., No. CIVS022669 FCD KJM, 2006 WL 658100, at *2 (E.D. 2 Cal. Mar. 13, 2006). Here, after carefully considering the parties’ arguments, the Court finds in its 3 discretion that this litigation will be most fairly and efficiently adjudicated by allowing Ironworks 4 to replace MMI as the plaintiff. Consequently, substituting MMI’s counsel with Ironworks’ 5 counsel is also clearly appropriate. 6 7 8 9 10 United States District Court Northern District of California 11 For the foregoing reasons, Ironworks’ motion for substitution of parties and counsel is GRANTED. IT IS SO ORDERED. Dated: 7/6/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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