Google Inc. v. Rockstar Consortium US LP et al

Filing 145

Second Unopposed MOTION to Stay Case filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Responses due by 1/14/2015. Replies due by 1/21/2015. (Attachments: # 1 Declaration of Joshua W. Budwin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Budwin, Joshua) (Filed on 12/31/2014) Modified on 12/31/2014 (cpS, COURT STAFF).

Courtland L. Reichman
1 MCKOOL SMITH HENNIGAN, P.C.
255 Shoreline Drive Suite 510
2 Redwood Shores, CA 94065
[phone]
3 [phone] (facsimile)
4 Mike McKool (Admitted Pro Hac Vice)
[e-mail]
5 Douglas A. Cawley (Admitted Pro Hac Vice)
[e-mail]
6 Ted Stevenson III (Admitted Pro Hac Vice)
[e-mail]
7 David Sochia (Admitted Pro Hac Vice)
[e-mail]
8 300 Crescent Court, Suite 1500
Dallas, TX 75201
9 [phone]
[phone] (facsimile)
10
Joshua W. Budwin (Admitted Pro Hac Vice)
11 [e-mail]
300 W. 6th Street, Suite 1700
12 Austin, TX 78701
[phone]
13 [phone] (facsimile)
14 Attorneys for Defendants Rockstar Consortium
U.S. LP and MobileStar Technologies LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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GOOGLE INC.,
Plaintiff,

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CASE NO. 13-cv-5933-CW
SECOND UNOPPOSED MOTION TO
STAY CASE

v.

ROCKSTAR CONSORTIUM US LP and
23 MOBILESTAR TECHNOLOGIES LLC,
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Defendants.

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01980.00011/6436274.1

Case No. 13-cv-5933-CW
SECOND UNOPPOSED MOTION TO STAY CASE

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Defendants Rockstar Consortium US LP and MobileStar Technologies LLC (“Rockstar”)

2 request that the Court order that all deadlines in this case be stayed an additional 80 days. On
3 November 25, 2014, the Court granted Rockstar’s Corrected Unopposed Motion to Stay Case
4 (Dkt. 143) in its Order (Dkt. 144). RPX Corporation (“RPX”) has agreed to purchase the patents5 in-suit. See, e.g., Ex. 1 (“Rockstar Consortium Inc. has agreed to sell more than 4,000 patents to
6 San Francisco-based RPX Corp., a patent clearinghouse that helps companies protect themselves
7 from patent lawsuits. The deal will put an end to several high-profile lawsuits filed by Rockstar
8 against companies that make phones powered by the Android operating system.”); Ex. 2 (reporting
9 that “[t]he sale consists of the more than 4,000 patents still owned by Rockstar Consortium,” and
10 that “[t]he deal puts an end to litigation started last year by Rockstar against several handset
11 manufacturers whose phones operate on Google Inc's Android operating system….”). RPX and
12 Respondents are actively working to close the agreed-upon transaction, which is currently in
13 escrow. See Ex. 3 (describing escrow). The requested extension of time will facilitate that
14 process. An additional 80-day stay is warranted due to the complexity of the agreed-upon
15 transaction. Accordingly, Rockstar requests that the Court stay all deadlines until March 26, 2015.
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In the event the stay is lifted, the Parties agree to work together in good faith to submit a

17 proposed revised case schedule.
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Case No. 13-cv-5933-CW
SECOND UNOPPOSED MOTION TO STAY CASE

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DATED: December 31, 2014

Respectfully submitted,
McKOOL SMITH HENNIGAN, P.C.
By /s/ Joshua W. Budwin
MCKOOL SMITH HENNIGAN, P.C.
255 Shoreline Drive Suite 510
Redwood Shores, CA 94065
[phone]
[phone] (facsimile)
Mike McKool (Admitted Pro Hac Vice)
[e-mail]
Douglas A. Cawley (Admitted Pro Hac Vice)
[e-mail]
Ted Stevenson III (Admitted Pro Hac Vice)
[e-mail]
David Sochia (Admitted Pro Hac Vice)
[e-mail]
300 Crescent Court, Suite 1500
Dallas, TX 75201
[phone]
[phone] (facsimile)
Joshua W. Budwin (Admitted Pro Hac Vice)
[e-mail]
300 W. 6th Street, Suite 1700
Austin, TX 78701
[phone]
[phone] (facsimile)
Attorneys for Rockstar Consortium US LP and
MobileStar Technologies LLC

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01980.00011/6436274.1

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Case No. 13-cv-5933-CW
SECOND UNOPPOSED MOTION TO STAY CASE

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing

3 document has been served on December 31, 2014, to all counsel of record who are deemed to have
4 consented to electronic service via the Court’s CM/ECF system. Any other counsel of record will
5 be served by electronic mail, facsimile, U.S. Mail and/or overnight delivery.
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/s/ Joshua W. Budwin
Joshua W. Budwin

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Case No. 13-cv-5933-CW
SECOND UNOPPOSED MOTION TO STAY CASE