Aerielle Technologies Inc v. Belkin International Inc et al

Filing 43

STIPULATION AND ORDER re 32 Amended Complaint filed by Aerielle Technologies Inc. Signed by Judge ARMSTRONG on 8/2/10. (lrc, COURT STAFF) (Filed on 8/2/2010)

Aerielle Technologies Inc v. Belkin International Inc et al

Doc. 43

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ROBERT W. DICKERSON, CA Bar No. 089367 [e-mail] YASSER EL-GAMAL, CA Bar No. 189047 [e-mail] ALYSSA M. CARIDIS, CA Bar No. 260103 [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street, 32nd floor Los Angeles, CA 90017 Telephone: [phone] Facsimile: 213-612-2499 JEFFREY A. MILLER, CA Bar No. 160602 [e-mail] I. NEEL CHATTERJEE, CA Bar No. 173985 [e-mail] MATTHEW J. HULT, CA Bar No. 197137 [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendants RADIOSHACK CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

AERIELLE TECHNOLOGIES, INC., Plaintiff, v. BELKIN INTERNATIONAL, INC., BEST BUY CO., INC., BESTBUY.COM, LLC and RADIOSHACK CORPORATION, Defendant.

Case No. CV 10-01301 SBA STIPULATION AND ORDER REGARDING RADIOSHACK AND AERIELLE'S FIRST AMENDED COMPLAINT

OHS West:260954073.2

STIPULATION AND [PROPOSED] ORDER RE: RADIOSHACK AND AERIELLE'S FIRST AMENDED COMPLAINT, CASE NO. CV 10-01301 SBA

Dockets.Justia.com

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 On March 26, 2010, Plaintiff and Counterclaim Defendant Aerielle Technologies, Inc. ("Aerielle") filed its Complaint For Patent Infringement ("Complaint") [D.I. 1], alleging infringement of United States Patents Numbers 5,771,441 and 6,671,494 by Defendants and Counterclaim Plaintiffs Belkin International, Inc. ("Belkin"), Best Buy Co., Inc. ("Best Buy"), BestBuy.com LLC ("BestBuy.com"), and RadioShack Corporation ("RadioShack"). On June 4, 2010, Belkin timely filed its Answer And Counterclaims to Aerielle's Complaint [D.I. 15]. On June 14, 2010, Best Buy and BestBuy.com timely filed their Answer And Counterclaims responding to Aerielle's Complaint [D.I. 19]. On June 14, 2010, RadioShack timely filed its Answer And Counterclaims responding to Aerielle's Complaint [D.I. 17]. On June 28, 2010, Aerielle timely filed its response to Belkin's Counterclaims [D.I. 28 ]. On July 9, 2010, Aerielle timely filed its responses to RadioShack's and BestBuy/Bestbuy.com's respective Counterclaims [D.I. 34 & 33]. On July 9, 2010, Aerielle also timely filed its First Amended Complaint For Patent Infringement [D.I. 32] ("First Amended Complaint"), in which Aerielle named a new Defendant, Best Buy Stores, L.P., and added infringement claims against Best Buy Stores, L.P. regarding the same to two patents originally asserted in Aerielle's Complaint. Nothing in the First Amended Complaint modified the allegations made against Defendant and Counterclaim Plaintiff RadioShack Corporation ("RadioShack"), except for changes to the numbering of the allegations made against RadioShack and of the paragraphs containing as such allegations and related prayers. Accordingly, the parties have agreed that, in order to avoid unnecessary pleadings and related costs, RadioShack's original Answer And Counterclaims [D.I. 17] can be deemed RadioShack's timely response to Aerielle's First Amended Complaint, and Aerielle's original response to RadioShack's Counterclaims [D.I. 34] can be deemed Aerielle's timely response to the counterclaims RadioShack asserts in its response to Aerielle's First Amended Complaint.

OHS West:260954073.2

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STIPULATION AND [PROPOSED] ORDER RE: RADIOSHACK AND AERIELLE'S FIRST AMENDED COMPLAINT, CASE NO. CV 10-01301 SBA

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 Honorable Saundra Brown Armstrong United States District Court Judge Northern District of California Dated: 8/2/10 PURSUANT TO STIPULATION, IT IS SO ORDERED. /s/ Marc Belloli /s/ Marc Belloli Attorneys for Plaintiff Aerielle Technologies, Inc. Dated: July 26, 2010 DLA PIPER US LLP Dated: July 26, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Matthew J. Hult /s/ Matthew J. Hult Attorneys for Defendant RadioShack Corporation To the extent that the Court rejects this stipulation and does not enter the attached Proposed Order, the parties agree to negotiate a reasonable schedule that will allow RadioShack sufficient time to file a response to Aerielle's First Amended Complaint and allow Aerielle sufficient time to file responses to RadioShack's counterclaims as presented in RadioShack's response to Aerielle's First Amended Complaint. IT IS SO STIPULATED.

OHS West:260954073.2

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STIPULATION AND [PROPOSED] ORDER RE: RADIOSHACK AND AERIELLE'S FIRST AMENDED COMPLAINT, CASE NO. CV 10-01301 SBA