EIT Holdings, LLC v. Linkedin Corporation

Filing 38

JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL filed by Linkedin Corporation. (Kent, Ryan) (Filed on 1/25/2012) Modified on 1/25/2012 (bw, COURT STAFF).

1
2
3
4
5
6
7
8

DURIE TANGRI LLP
DARALYN J DURIE (SBN 169825)
[e-mail]
RYAN M. KENT (SBN 220441)
[e-mail]
EUGENE NOVIKOV (SBN 257849)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415-236-6300

Mark W. Good (State Bar No. 218809)
Benedict O’Mahoney (State Bar No. 152447)
TERRA LAW LLP
177 Park Avenue, Third Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

Attorneys for Defendant
and Counterclaim Plaintiff
LINKEDIN CORPORATION

Edward W. Goldstein (TX Bar No. 08099500)
Alisa Lipski (TX Bar No. 24041345)
Jody M. Goldstein (TX Bar No. 24002153)
Goldstein & Lipski, PLLC
1177 West Loop South, Suite 400
Houston, Texas 77027
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

9
10
11
12
13

Attorneys for Plaintiff
EIT HOLDINGS LLC

14
15
16

IN THE UNITED STATES DISTRICT COURT

17

FOR THE NORTHERN DISTRICT OF CALIFORNIA

18

SAN JOSE DIVISION

19

EIT HOLDINGS, LLC, a Delaware company

20
21
22
23
24

Plaintiff and Counterclaim Defendant,
v.
LINKEDIN CORPORATION, a Delaware
corporation

Case No. 5:11-cv-02465-PSG
JOINT STIPULATION AND [PROPOSED]
ORDER STAYING CASE PENDING APPEAL
Ctrm: 5, 4th Floor
Judge: Honorable Paul Singh Grewal

Defendant and Counterclaim Plaintiff.

25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 5:11-CV-02465-PSG

1
2

JOINT STIPULATION
On December 10, 2010, EIT filed a patent infringement action against multiple defendants in the

3

Northern District of California (C-10-05623-WHA) before the Honorable William H. Alsup. That action

4

alleged that each defendant infringed claims 40 and 41 of U.S. Patent No. 5,828,837. After the initial

5

case management conference, Judge Alsup held that the defendants, including LinkedIn Corporation

6

(“LinkedIn”), were improperly joined and dismissed all but the first-named defendant (Yelp! Inc.). EIT

7

thereafter filed this action against LinkedIn alleging infringement of the same claims.

8

At the initial case management conference in this action, the parties informed the Court that

9

Judge Alsup had set a claim construction hearing in the originally-filed Yelp case for early October 2011.

10

The parties accordingly asked the Court to continue the case management conference and to postpone

11

setting a schedule until Judge Alsup had had time to consider EIT and Yelp’s respective positions on what

12

the claims mean. The Court agreed and set another case management conference. At that subsequent

13

conference held on January 10, 2012, the parties explained the current proceedings before Judge Alsup,

14

including that Yelp had filed a motion for summary judgment of invalidity.

15

On January 20th, Judge Alsup issued an order on the summary judgment motion brought by Yelp,

16

holding that claims 40 and 41 are invalid. EIT already has filed a notice of appeal that indicates its intent

17

to appeal inter alia the summary judgment order entered in the Yelp case. If affirmed, however, there is

18

no dispute that that summary judgment order would completely resolve the case against LinkedIn

19

pending before this Court. The parties therefore respectfully request that the Court stay this case pending

20

the resolution of EIT’s appeal of the summary judgment order entered in EIT Holdings, LLC v. Yelp! Inc.,

21

case no. 3:10-cv-05623-WHA (N.D. Cal.).

22

NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED THAT:

23

The undersigned parties agreed to stay this case, EIT Holdings, LLC v .LinkedIn Corporation,

24

case no. 5:11-cv-02465-PSG, until the fifth court day after EIT Holdings, LLC’s appeal of the summary

25

judgment order in EIT Holdings, LLC v. Yelp! Inc., case no. 3:10-cv-05623-WHA (N.D. Cal.) has been

26

finally adjudicated, which shall be the date on which the last appeal or certiorari petition with respect to

27

the summary judgment order has been denied, dismissed, withdrawn, or otherwise determined.

28
1
JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 5:11-CV-02465-PSG

1

Dated: January 25, 2012

GOLDSTEIN & LIPSKI, PLLC

2

/s/ Edward W. Goldstein
By:

3

EDWARD W. GOLDSTEIN

4

Attorneys for Plaintiff and Counterclaim
Defendant EIT Holdings, LLC

5
6
7

Dated: January 25, 2012

DURIE TANGRI LLP
/s/ Ryan M. Kent

8

By:
RYAN M. KENT

9

Attorneys for Defendant and Counterclaim
Plaintiff LinkedIn Corporation

10
11
12
13
14

FILER’S ATTESTATION
I, Ryan Kent, am the ECF User whose identification and password are being used to file this

15

document. Pursuant to General Order 45.X.B, I hereby attest that counsel for Plaintiff and Counterclaim

16

Defendant EIT Holdings, LLC has concurred in this filing.
/s/ Ryan M. Kent

17

RYAN M. KENT

18
19
20
21
22
23
24
25
26
27
28

2
JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 5:11-CV-02465-PSG

1

[PROPOSED] ORDER

2

WHEREAS, Plaintiff and Counterclaim Defendant EIT Holdings, LLC and Defendant and

3

Counterclaim Plaintiff LinkedIn Corporation have agreed to stay this case, EIT Holdings, LLC v.

4

LinkedIn Corporation, United States District Court, Northern District of California, case no. 5:11-cv-

5

02465-PSG until the fifth court day after EIT Holdings, LLC’s appeal of the summary judgment order in

6

EIT Holdings, LLC v. Yelp! Inc., case no. 3:10-cv-05623-WHA (N.D. Cal.) has been finally adjudicated,

7

which shall be the date on which the last appeal or certiorari petition with respect to the summary

8

judgment order has been denied, dismissed, withdrawn, or otherwise determined.

9

NOW, THEREFORE, IT IS SO ORDERED.

10
11

DATED: _______________, 2012

__________________________________
HONORABLE PAUL S. GREWAL
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

JOINT STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL
CASE NO. 5:11-CV-02465-PSG