Openwave Systems, Inc. v. 724 Solutions (US) Inc et al

Filing 70

JOINT STIPULATION AND ORDER RE: 69 CONTINUING HEARING TO 02/17/2010. Signed by Judge Richard Seeborg on 01/29/2010. (rslc3, COURT STAFF) (Filed on 1/29/2010).

*E-Filed 01/29/2010*

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

DANIEL JOHNSON, JR. (SBN 57409) BRETT M. SCHUMAN (SBN 189247) AHREN C. HOFFMAN (SBN 250469) RYAN L. SCHER (SBN 244706) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, California 94105-1126 Telephone: [phone] Facsimile: 415.442.1001 E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail]

NAGENDRA SETTY (pro hac vice) CHRISTOPHER GREEN (pro hac vice) FISH & RICHARDSON P.C. 1180 Peachtree Street, NE, 21st Floor Atlanta, GA 30309 Telephone: [phone] Facsimile: 404.892.5002 E-mail: [e-mail] E-mail: [e-mail] DAVID M. BARKAN (SBN 160825) FISH & RICHARDSON P.C. 500 Arguello St Ste 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: 650.839.5071 E-mail: [e-mail] Attorneys for Defendants and Counterclaimants 724 SOLUTIONS (US) INC. and 724 SOLUTIONS SOFTWARE INC.

Attorneys for Plaintiff and Counterdefendant, OPENWAVE SYSTEMS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

OPENWAVE SYSTEMS, INC., a Delaware corporation, Plaintiff, v. 724 SOLUTIONS (US) INC., a Delaware corporation, and 724 SOLUTIONS SOFTWARE INC., a Delaware corporation, Defendants. AND RELATED COUNTERCLAIMS

Case No. 09-CV-03511 (RS) JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING

28
DB2/21530197.1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

Plaintiff and counterdefendant Openwave Systems, Inc. ("Openwave"), by and through its undersigned counsel, and defendants and counterclaimants 724 Solutions (US) Inc. and 724 Solutions Software Inc. (together, "724 Solutions"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, on January 25, 2010, Openwave filed an Ex Parte Motion for Temporary Restraining Order and Order to Show Cause (Dkt. No. 61) (the "TRO Motion"); WHEREAS, on January 25, 2010, the Court issued an Order Denying Motion for Temporary Restraining Order and Setting Hearing and Briefing Schedule for Preliminary Injunction (Dkt. No. 64) (the "Order"); WHEREAS the Order denied Openwave's TRO Motion, and set a hearing for Openwave's motion for a preliminary injunction to be heard on February 10, 2010 at 9:30 a.m., in Courtroom 4 of the San Jose Courthouse (Dkt. No. 64); WHEREAS the Order permits Openwave to file additional papers in support of its motion no later than January 29, 2010, and permits 724 Solutions to file an opposition no later than February 5, 2010 (Dkt. No. 64); WHEREAS Openwave served a subpoena on Mobixell Networks, Inc. ("Mobixell") commanding Mobixell to produce documents, on January 29, 2010, relevant to Openwave's motion for a preliminary injunction (Dkt. No. 63-3); WHEREAS, on January 28, 2010, Openwave's counsel met and conferred with Nagendra Setty, counsel for both 724 Solutions and Mobixell, regarding Mobixell's response to Openwave's subpoena; WHEREAS, the parties believe that good cause exists for a short continuance of the February 10, 2010 preliminary injunction hearing so that Openwave may evaluate the materials it expects to receive from Mobixell in response to the subpoena before responding to the Court's January 25, 2010 Order; THE PARTIES HEREBY STIPULATE, by and through their respective counsel, and respectfully request that the Court continue the February 10, 2010 hearing to February 17, 2010 at 9:30 a.m., in Courtroom 4 of the San Jose Courthouse. Openwave shall file any additional papers
DB2/21530197.1

28

1

CASE NO. 09-CV-03511 (RS)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

in support of its motion no later than February 5, 2010. 724 Solutions shall file any opposition no later than February 12, 2010. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: January 29, 2010 MORGAN, LEWIS & BOCKIUS LLP

By /s/ Brett M. Schuman Brett M. Schuman Attorneys for Plaintiff Dated: January 29, 2010 FISH & RICHARDSON P.C.

By /s/ Nagendra Setty Nagendra Setty Attorneys for Defendants

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 01/29/2010 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE

28
DB2/21530197.1

2

CASE NO. 09-CV-03511 (RS)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

FILER'S ATTESTATION I, Ryan L. Scher, am the ECF user whose identification and password are being used to file this STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING. In compliance with General Order 45.X.B, I hereby attest that Brett M. Schuman and Nagendra Setty concur in this filing. Dated: January 29, 2010 By /s/ Ryan L. Scher Ryan L. Scher Attorneys for Plaintiff

28
DB2/21530197.1

3

CASE NO. 09-CV-03511 (RS)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING