EIT Holdings, LLC v. Linkedin Corporation

Filing 39

JOINT STIPULATION AND ORDER STAYING CASE PENDING APPEAL by Judge Paul S. Grewal, granting 38 Stipulation (ofr, COURT STAFF) (Filed on 2/2/2012)

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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]

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Attorneys for Plaintiff
EIT HOLDINGS LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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EIT HOLDINGS, LLC, a Delaware company

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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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Dated: January 25, 2012

GOLDSTEIN & LIPSKI, PLLC

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/s/ Edward W. Goldstein
By:

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EDWARD W. GOLDSTEIN

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Attorneys for Plaintiff and Counterclaim
Defendant EIT Holdings, LLC

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Dated: January 25, 2012

DURIE TANGRI LLP
/s/ Ryan M. Kent

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By:
RYAN M. KENT

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Attorneys for Defendant and Counterclaim
Plaintiff LinkedIn Corporation

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

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

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

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RYAN M. KENT

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

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[PROPOSED] ORDER

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

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

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

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

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

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

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

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NOW, THEREFORE, IT IS SO ORDERED.

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DATED:

, 2012

_________________________________
HONORABLE PAUL S. GREWAL
United States Magistrate Judge

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