San Francisco Technology, Inc. v. The Glad Products Company et al

Filing 340

ORDER APPROVING 334 JOINT STIPULATION TO SEVER DEFENDANT JOHNSON PRODUCTS. Signed by Judge Jeremy Fogel on 11/4/2010. (jflc2, COURT STAFF) (Filed on 11/4/2010)

San Francisco Technology, Inc. v. The Glad Products Company et al

Doc. 340

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Rachel M. Walsh (SBN 250568) [e-mail] KIRKLAND & ELLIS LLP 555 California Street San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Brian D. Sieve, P.C. (Pro Hac Vice) [e-mail] Terrence J. Dee, P.C. (Pro Hac Vice) [e-mail] Matthew V. Topic (Pro Hac Vice) [e-mail] KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: [phone] Facsimile: [phone]

**E-Filed 11/4/2010**

Attorneys for Defendant Johnson Products Company, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION San Francisco Technology Inc., Plaintiff, vs. The Glad Products Company, et al. Defendants. CASE NO. 5:10-CV-00966-JF (PVT) ORDER APPROVING JOINT STIPULATION TO SEVER DEFENDANT JOHNSON PRODUCTS

STIPULATION TO SEVER DEFENDANT JOHNSON PRODUCTS

CASE NO. 5:10-CV-00966-JF (PVT)

Dockets.Justia.com

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WHEREAS, Plaintiff San Francisco Technology Inc. ("SF Tech") filed its Complaint (D.I. 1) on March 5, 2010 (the "Complaint") alleging that numerous defendants have falsely marked articles in violation of 35 U.S.C. § 292; WHEREAS, Defendant Johnson Products Company, Inc. ("JPC") previously filed a Motion To Dismiss For Failure To State A Claim (the "Motion To Dismiss"); WHEREAS, on May 28, 2010, this Court entered a stipulation staying the hearing on JPC's Motion To Dismiss and all proceedings as to JPC and certain other defendants until the Federal Circuit entered a decision in Stauffer v. Brooks Bros., Appeal Nos. 2009-1428, 2009-1430, 20091453 ("Stauffer") (D.I. 189) (the "Stipulated Stay"); WHEREAS, this Court's Order Re Pending Motions on July 19, 2010 (D.I. 315) ordered that "this action is hereby severed as to each and every separate defendant" (at 21:16­18), but did not instruct the Clerk to open a new case number as to JPC (the "July Order"); WHEREAS, the Federal Circuit entered a decision in Stauffer on August 31, 2010, and, accordingly on October 14, 2010, this Court issued an Order lifting "the stay of litigation imposed by" the July Order, in, among others, Case No. 5:10-cv-00966 San Francisco Technology Inc. v. The Glad Products Co. (D.I. 319) ("October Order"); THEREFORE, for the avoidance of doubt, the Parties, by and through their respective counsel of record, hereby stipulate and agree as follows: 1. The Complaint against JPC will be formally severed into a separate action, and will

be assigned a new case number for the matter San Francisco Technology Inc. v. Johnson Products Company, Inc. 2. 3. The October Order lifts the Stipulated Stay as to JPC. JPC's responsive pleadings are due no later than November 15, 2010.

IT IS SO ORDERED. 11/4/2010 Dated:_________________ By: ______________________________________ HONORABLE JEREMY FOGEL United States District Judge
JOINT STIPULATION TO SEVER DEFENDANT JOHNSON PRODUCTS COMPANY, INC. CASE NO. 5:10-CV-00966-JF (PVT)

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JOINT STIPULATION TO SEVER DEFENDANT JOHNSON PRODUCTS COMPANY, INC. CASE NO. 5:10-CV-00966-JF (PVT)

DATED: November 1, 2010

Respectfully submitted, /s/ Daniel H. Fingerman (with permission) Daniel H. Fingerman MOUNT & STOELKER, P.C. 333 West San Carlos Street, Suite 1650 San Jose CA 95110 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff San Francisco Technology Inc. /s/ Rachel Walsh Rachel Walsh (SBN 250568) [e-mail] KIRKLAND & ELLIS LLP 555 California Street, Suite 2700 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Brian D. Sieve, P.C. (Pro Hac Vice) [e-mail] Terrence J. Dee, P.C. (Pro Hac Vice) [e-mail] Matthew V. Topic (Pro Hac Vice) [e-mail] KIRKLAND & ELLIS LLP 300 North LaSalle Street Chicago, IL 60654 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Johnson Products Company, Inc.

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 28 Date: November 1, 2010

Certificate of Service The undersigned certifies that on November 1, 2010, the foregoing document was filed with the Clerk of the U.S. District Court for the Northern District of California, using the court's electronic filing system (ECF), in compliance with Civil L.R. 5-4 and General Order 45. The ECF system serves a "Notice of Electronic Filing" to all parties and counsel who have appeared in this action, who have consented under Civil L.R. 5-5 and General Order 45 to accept that Notice as service of this document. Kirkland & Ellis LLP s/ Rachel Walsh_____________________________ Error! Reference source not found.

JOINT STIPULATION TO SEVER DEFENDANT JOHNSON PRODUCTS COMPANY, INC.

CASE NO. 5:10-CV-00966-JF (PVT)