Google LLC v. EcoFactor, Inc.

Filing 146

ORDER by Judge Haywood S. Gilliam, Jr. Granting 144 Stipulation RIEFING SCHEDULE FOR GOOGLE LLC'S RENEWED MOTION TO STAY AND REQUEST FOR BRIEF EXTENSION REGARDING STATUS OF THREE ASSERTED PATENTS. Motions due by 10/18/2023; Responses due by 11/1/2023; and Replies due by 11/8/2023. (ndr, COURT STAFF) (Filed on 10/4/2023)

1
2

[All Counsel in signature block below]

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11

GOOGLE LLC,

12

Plaintiff and Counter-Defendant,

13
14

v.
ECOFACTOR, INC.,

15

Defendant and Counter-Claimant.

16

Case No. 4:21-cv-03220-HSG
JOINT STIPULATION REGARDING
BRIEFING SCHEDULE FOR GOOGLE
LLC’S RENEWED MOTION TO STAY
AND REQUEST FOR BRIEF
EXTENSION REGARDING STATUS OF
THREE ASSERTED PATENTS;
ORDER
Dept.:
Judge:

17

Courtroom 2 – 4th Floor
Hon. Haywood S. Gilliam, Jr.

Date Filed: April 30, 2021

18

Trial Date: None set

19
20
21
22
23
24
25
26
27
28

JOINT STIPULATION RE BRIEFING SCHEDULE FOR RENEWED MOTION TO STAY AND REQUEST FOR
BRIEF EXTENSION RE STATUS OF THREE ASSERTED PATENTS; ORDER
Case No. 4:21-cv-03220-HSG
2372958

1

Pursuant to ECF No. 143, Plaintiff and Counter-Defendant Google LLC (“Google”) and

2

Defendant and Counter-Claimant EcoFactor, Inc. (“EcoFactor”) submit this joint stipulation to

3

(1) propose a briefing schedule for Google’s renewed motion to stay proceedings for remaining

4

U.S. Patent No. 10,584,890 (the “’890 patent”); and (2) request a brief extension until October 6,

5

2023 to provide a stipulation and proposed order “confirming that three of the four asserted

6

patents are no longer in the case.” ECF No. 143.

7
8

WHEREAS, Google and EcoFactor propose the briefing schedule below for Google’s
renewed motion to stay proceedings for the ’890 patent:

9
Event

10

Deadline to File

11

Google’s Renewed Motion to Stay

October 18, 2023

12

EcoFactor’s Opposition to Google’s Renewed
Motion to Stay

November 1, 2023

Google’s Reply in Support of Renewed
Motion to Stay

November 8, 2023

13
14
15
16

WHEREAS, on September 29, 2023, EcoFactor granted Google a covenant not to sue

17

(“CNS”) on U.S. Patent Nos. 8,740,100 (the “’100 patent”), 8,751,186 (the “’186 patent”), and

18

9,194,597 (the “’597 patent”), by which EcoFactor intended to extinguish any current or future

19

case or controversy between the parties as to the ’100, ’186, and ’597 patents—such that these

20

three patents are no longer part of the above-captioned case;

21

WHEREAS, Google has raised questions as to whether EcoFactor’s current CNS

22

extinguishes any current or future case or controversy between the parties as to the ’100, ’186,

23

and ’597 patents;

24
25

WHEREAS, the parties continue to meet and confer over the questions raised by Google;
and

26

WHEREAS, the parties respectfully request a three-day extension so that they can apprise

27

the Court of the status of the ’100 patent, the ’186 patent, and the ’597 patent by October 6, 2023.

28

SO STIPULATED AND AGREED.
1
JOINT STIPULATION RE BRIEFING SCHEDULE FOR RENEWED MOTION TO STAY AND REQUEST FOR
BRIEF EXTENSION RE STATUS OF THREE ASSERTED PATENTS; ORDER
Case No. 4:21-cv-03220-HSG
2372958

1

Dated: October 3, 2023

KEKER, VAN NEST & PETERS LLP

2
By:

3
4
5
6
7
8

/s/ Leo L. Lam
ROBERT A. VAN NEST
LEO L. LAM
EUGENE M. PAIGE
R. ADAM LAURIDSEN
EDWARD A. BAYLEY
KRISTIN HUCEK
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
Bijal V. Vakil
ALLEN & OVERY LLP
550 High Street
Palo Alto, CA 94301
Telephone: [phone]
Email: [e-mail]

9
10
11
12

Shamita D. Etienne-Cummings
ALLEN & OVERY LLP
1101 New York Avenue, NY
Washington, DC 20005
Telephone: [phone]
Email: [e-mail]

13
14
15
16

Grace I. Wang (pro hac vice)
ALLEN & OVERY LLP
1221 Avenue of the Americas
New York, NY 10020
Telephone: [phone]
Email: [e-mail]

17
18
19
20
21

Attorneys for Plaintiff and CounterDefendant GOOGLE LLC

22

RUSS AUGUST & KABAT

23

By: /s/ Reza Mirzaie
Reza Mirzaie
Marc A. Fenster
Kristopher R. Davis
James N. Pickens
Minna Y. Chan
Jason M. Wietholter

24
25
26

Attorneys for Defendant/Counterclaim
Plaintiff ECOFACTOR, INC.

27
28

2
JOINT STIPULATION RE BRIEFING SCHEDULE FOR RENEWED MOTION TO STAY AND REQUEST FOR
BRIEF EXTENSION RE STATUS OF THREE ASSERTED PATENTS; ORDER
Case No. 4:21-cv-03220-HSG
2372958

1

[PROPOSED] ORDER GRANTING JOINT STIPULATION
The parties have submitted the Joint Stipulation Regarding Briefing Schedule for Google

2
3

LLC’s Renewed Motion to Stay and Request for Brief Extension Regarding Status of Three

4

Asserted Patents. In light of the Joint Stipulation, it is hereby ORDERED that:
1.

5
6

The parties shall comply with the following briefing schedule for Google’s

renewed motion to stay proceedings for remaining U.S. Patent No. 10,584,900:

7
Event

8
9
10
11
12

Deadline to File

Google’s Renewed Motion to Stay

October 18, 2023

EcoFactor’s Opposition to Google’s Renewed
Motion to Stay

November 1, 2023

Google’s Reply in Support of Renewed
Motion to Stay

November 8, 2023

13
14

2.

The parties’ request for an extension to apprise the Court on whether

15

U.S. Patent Nos. 8,740,100, 8,751,186, and 9,194,597 are part of the case is GRANTED. By no

16

later than October 6, 2023, the parties shall inform the Court on whether the foregoing patents are

17

part of the case.

18
19

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20
21

Dated: 10/4/2023

22

Honorable Haywood S. Gilliam, Jr.
United States District Judge

23
24
25
26
27
28

3
JOINT STIPULATION RE BRIEFING SCHEDULE FOR RENEWED MOTION TO STAY AND REQUEST FOR
BRIEF EXTENSION RE STATUS OF THREE ASSERTED PATENTS; ORDER
Case No. 4:21-cv-03220-HSG
2372958

1

ATTESTATION PURSUANT TO L.R. 5-1(i)

2
3

In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from any other signatory to this document.

4
5

Dated: October 3, 2023

6

/s/ Leo L. Lam
Leo L. Lam

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
JOINT STIPULATION RE BRIEFING SCHEDULE FOR RENEWED MOTION TO STAY AND REQUEST FOR
BRIEF EXTENSION RE STATUS OF THREE ASSERTED PATENTS; PROPOSED ORDER
Case No. 4:21-cv-03220-HSG
2372958