Olympic Development AG, LLC v. Amazon.com, Inc. et al

Filing 147

STIPULATION AND ORDER AS MODIFIED BY THE COURT REGARDING 146 STIPULATION TO STAY PROCEEDINGS PENDING REEXAMINATION OF PATENT-IN-SUIT. This action is STAYED in its entirety pending completion of the ex parte reexamination of the '585 patent. A ll hearing dates, Case Management Conferences, and other deadlines previously imposed are VACATED. The Clerk shall ADMINISTRATIVELY CLOSE this matter. The parties shall submit a joint status report on or before April 10, 2012, apprising the court of the status of the reexamination proceedings and shall continue to do so every six months thereafter. Upon the completion of the reexamination proceedings, the parties may request that this matter be reopened and that a case management conference be scheduled. Signed by Judge Edward J. Davila on 11/14/2011. (ejdlc1, COURT STAFF) (Filed on 11/14/2011)

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R NIA
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. Davila

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Attorney for Defendant
BARNESANDNOBLE.COM LLC.

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DERED
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UNIT
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Krista M. Carter (State Bar No. 225229)
[e-mail]
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

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Steven Ritcheson, Esq. (SBN 174062)
WHITE FIELD, INC.
9800 D Topanga Canyon Blvd., #347
Chatsworth, CA 91311
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
OLYMPIC DEVELOPMENTS AG, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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OLYMPIC DEVELOPMENTS AG, LLC,
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Case No. C 11-01655 EJD
Honorable Judge Edward J. Davila

Plaintiff,
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v.
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BARNESANDNOBLE.COM LLC
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STIPULATION TO STAY
PROCEEDINGS PENDING
REEXAMINATION OF PATENT-INSUIT

Defendant.
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STIPULATION FOR STAY PENDING REEXAMINATION - Case No. C 11-01655 EJD

WHEREAS, Olympic Development AG, LLC (“Olympic”) originally filed suit asserting

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U.S. Patent Nos. 5,475,585 (the “‘585 patent”) and/or 6,246,400 (the “‘400 patent”) against

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multiple defendants, including Amazon.com, Inc., Apple, Inc., barnesandnoble.com llc (“Barnes

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& Noble”), Microsoft Corporation, Nintendo of America, Inc., Sony Computer Entertainment of

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America LLC and Sony Electronics Inc. (“Sony”) and Valve Corporation, on September 28, 2010

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in the Central District of California. See Case No. CV10-7237-GW-PLA (C.D. Cal.), D.N.1

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(Complaint for Patent Infringement);
WHEREAS, the ‘585 patent is currently the only patent that has been asserted against

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Barnes & Noble.
WHEREAS, the parties agreed to sever and transfer the cases, resulting in several related

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litigations,1 and the present action was transferred to the Northern District and assigned to this

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Court on April 6, 2011. D.N. 89 (Order re Joint Stipulation and Motion to Sever and Transfer);

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D.N. 94 (Clerk’s Notice of Transfer);
WHEREAS, by Order dated November 1, 2011 (Docket No. 145), the Court has ordered

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the parties to comply with certain case management dates, including: Invalidity Contentions

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(December 20, 2011); Joint Claim Construction and Prehearing Statement (February 17, 2012);

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Close of Claim Construction Discovery (March 19, 2012); Joint Case Management Statement for

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Interim Conference (April 10, 2012); Interim Case Management Conference (April 20, 2012); Last

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Day to Complete ADR Session (April 26, 2012); Case Tutorial (May 30, 2012); and Claim

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Construction Hearing (May 30, 2012) (collectively, the “Case Management Dates”);
WHEREAS, on July 11, 2011, Sony filed its request seeking ex parte reexamination of

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Olympic’s ‘585 patent (which is currently the only patent-in-suit in this action), and on September

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In addition to the present lawsuit, Olympic has sued for infringement of the ‘400 patent and/or
the ‘585 patent in the following related litigations: Olympic Dev. AG, LLC v. Sony, Case Nos.
3:11-cv-01080-JCS and 3:11-cv-04203-JCS (consolidated) (N.D. Cal.); Olympic Dev. AG, LLC v.
Atl. Broadband Inc., Case No. 3:11-cv-029895-JCS (N.D. Cal.); Olympic Dev. AG, LLC v. AT&T,
Inc., Case No. 2:10-cv-08545-GW-PLA (C.D. Cal.); Olympic Dev. AG, LLC, v. Nintendo of
America, Inc., Case No. 3:11-CV-00329 SBA (NC) (N.D. Cal.); and Olympic Dev. AG, LLC v.
Amazon.com, Inc., Case No. 2:11-cv-00391-MJP (W.D. Wash.) (the “related litigations”).
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STIPULATION FOR STAY PENDING REEXAMINATION - Case No. C 11-01655 EJD

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21, 2011, United States Patent and Trademark Office (“USPTO”) Examiner Joshua Campbell

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ordered an ex parte reexamination of the ‘585 patent;

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WHEREAS, in three related litigations, the courts have granted stays pending the outcome

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of the reexamination proceedings of the ‘400 and/or ‘585 patents. Olympic Developments AG,

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LLC v. Sony, Case No. 3:11-cv-01080-JCS (N.D. Cal.), D.N. 122 (Order granting stay pending

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reexamination proceedings); Olympic Developments AG, LLC v. AT&T, Inc. 2:10-cv-08545-GW-

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PLA (C.D. Cal.), D.N. 121 (same); Olympic Developments AG, LLC v. Amazon.com, Inc., Case

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No. 2:11-cv-00391-MJP (W.D. Wash.), D.N. 131 (same);

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WHEREAS, Olympic and Barnes & Noble seek to conserve judicial resources while the
‘585 patent is in reexamination; and
WHEREAS, Olympic and Barnes & Noble are engaged in settlement discussions and wish
to continue their settlement discussions;
The Parties, by and through their respective counsel, subject to the Court’s approval,
stipulate as follows:
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reexamination of the asserted ‘585 patent.

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The litigation proceedings shall be stayed pending the resolution of the ex parte

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All Case Management Dates shall be vacated except for the following:
a. The parties shall submit an updated Joint Case Management Statement by April
10, 2012.
b. An Interim Case Management Conference shall be held as currently scheduled
on April 20, 2012.

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SO STIPULATED.

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STIPULATION FOR STAY PENDING REEXAMINATION - Case No. C 11-01655 EJD

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Dated: November 11, 2011

Respectfully submitted,
DICKSTEIN SHAPIRO LLP

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By:

/s/ Krista M. Carter
Krista M. Carter

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Attorney for Defendant
BARNESANDNOBLE.COM LLC

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Dated: November 11, 2011
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Respectfully submitted,
WHITE FIELD, INC.

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By:

/s/ Steven W. Ritcheson
Steven W. Ritcheson

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Attorneys for Plaintiff OLYMPIC
DEVELOPMENTS AG, LLC

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STIPULATION FOR STAY PENDING REEXAMINATION - Case No. C 11-01655 EJD

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SIGNATURE ATTESTATION

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Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained

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from the above-named counsel indicated by a “conformed” signature (/s/) within this e-filed

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document.

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/s/ Krista M. Carter
Krista M. Carter

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PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED BY THE COURT:
This action is STAYED in its entirety pending completion of the ex parte reexamination of the
'585 patent. All hearing dates, Case Management Conferences, and other deadlines previously
imposed are VACATED. The Clerk shall ADMINISTRATIVELY CLOSE this matter.
DATED:
HONORABLE EDWARD J. DAVILA
United 2012, apprising the Judge
The parties shall submit a joint status report on or before April 10,States District Court court of the
status of the reexamination proceedings and shall continue to do so every six months thereafter.
Upon the completion of the reexamination proceedings, the parties may request that this matter be
reopened and that a case management conference be scheduled.
DATED: November 14, 2011

__________________________
EDWARD J. DAVILA
United States District Judge

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STIPULATION FOR STAY PENDING REEXAMINATION - Case No. C 11-01655 EJD