Fatdoor, Inc. et al v. Nextdoor.com, Inc.

Filing 65

Order Granting 63 Stipulation Regarding Partial Stay and Withdrawal of Fatdoor, Inc.'s Motion to Stay. Further Case Management Conference set for 2/12/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose. The hearing on counterclaim defendant Raj Abhyanker's Motion to Dismiss remains scheduled for 12/11/2014 at 09:00 AM.Signed by Hon. Beth Labson Freeman on 9/30/2014. (blflc2, COURT STAFF) (Filed on 9/30/2014)

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LAURENCE F. PULGRAM (CSB No. 115163)
[e-mail]
MICHAEL J. SACKSTEDER (CSB No. 191605)
[e-mail]
BRYAN A. KOHM (CSB No. 233276)
[e-mail]
GUINEVERE L. JOBSON (CSB No. 251907)
[e-mail]
ADAM LEWIN (CSB No. 284905)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Defendant
NEXTDOOR.COM, INC.

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SAN FRA NCI S CO

UNITED STATES DISTRICT COURT

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ATTO RNEY S

F ENWICK & W ES T LLP

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FATDOOR, INC., and RAJ ABHYANKER,
Plaintiffs,

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Case No. 5:14-cv-02335-BLF
STIPULATION AND [PROPOSED]
ORDER REGARDING PARTIAL
STAY AND WITHDRAWAL OF
FATDOOR, INC.’S MOTION TO STAY

v.
NEXTDOOR.COM, INC.,

Dept.:
Judge:

Defendant.

Courtroom 3, 5th Floor
Hon. Beth Labson Freeman

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STIPULATION AND [PROPOSED] ORDER
RE PARTIAL STAY AND WITHDRAW OF
MOTION

Case No. 5:14-cv-02335-BLF

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The Parties hereby stipulate and agree as follows:

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WHEREAS, on May 20, 2014, Fatdoor, Inc. (“Fatdoor”) and Raj V. Abhyanker

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(“Abhyanker”) filed a complaint for patent infringement of U.S. Patent No. 8,732,091 against

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Nextdoor.com, Inc. (“Nextdoor”);

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WHEREAS, on June 18, 2014, Abhyanker filed a notice of voluntary dismissal without
prejudice, wherein he dismissed without prejudice his claims against Nextdoor;
WHEREAS, on June 24, 2014, Nextdoor filed its answer and counterclaims, including

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allegations of lack of ownership and standing on the part of Fatdoor and Abhyanker, and

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including counterclaims seeking declaratory relief as to U.S. Patent No. 8,738,545;

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SAN FRA NCI S CO

WHEREAS, on July 15, 2014, Fatdoor filed its first amended complaint, including

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WHEREAS, on July 14, 2014, Nextdoor filed its first amended answer and counterclaims;

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F ENWICK & W ES T LLP

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allegations of infringement of U.S. Patent Nos. 8,732,091, 8,738,545 and 8,775,328 (collectively,

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“patents-in-suit”);

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WHEREAS, on August 1, 2014, Nextdoor filed its answer and counterclaims to the first
amended complaint, including allegations of lack of ownership and standing;
WHEREAS, on August 25, 2014, Fatdoor filed a complaint against Google Inc. and IP

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Analytics, LLC seeking, among other things, a declaration that Fatdoor owns all interest and title

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in the patents-in-suit to the exclusion of Google and IP Analytics (the “DJ Suit”);

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WHEREAS, on September 5, 2014, Fatdoor filed its Motion to Stay or in the Alternative
Dismiss Without Prejudice (Dkt. No. 52, the “Motion”);
WHEREAS, on September 15, 2014, Nextdoor recorded an assignment with the United

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States Patent and Trademark Office executed by IP Analytics and GeoTag, Inc. assigning any and

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all rights and interests they had, if any, in the patents-in-suit to Nextdoor;

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WHEREAS, in light of the assignment by GeoTag and IP Analytics of their interests in

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the patents-in-suit to Nextdoor, Nextdoor believes, and Fatdoor disputes, that Fatdoor’s claims of

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patent infringement necessarily fail either because Fatdoor lacks standing and/or Nextdoor

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maintains an ownership interest in the patents-in-suit and therefore cannot infringe them;

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STIPULATION AND [PROPOSED] ORDER
RE PARTIAL STAY AND WITHDRAW OF
MOTION

Case No. 5:14-cv-02335-BLF

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WHEREAS, Nextdoor therefore believes, and Fatdoor disputes, that resolution of the

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dispute between the parties concerning standing and ownership of the patents-in-suit will

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necessarily resolve Fatdoor’s claims of patent infringement;

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WHEREAS, the parties agree that resolution of the dispute between the parties concerning
standing and ownership of the patents-in-suit will narrow the issues between the parties;

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WHEREAS, the parties agree that the DJ Suit should now be consolidated with this
action;

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WHEREAS, the parties agree that a partial stay of the present action to the extent that it

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relates to issues of infringement, validity and enforceability of the patents-in-suit is appropriate

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because it will preserve the resources of the parties and the Court;
WHEREAS, in light of the parties’ agreement, Fatdoor desires to withdraw the pending

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SAN FRA NCI S CO

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F ENWICK & W ES T LLP

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Motion;

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IT IS THEREFORE STIPULATED, (i) all discovery and deadlines relating to claim

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construction, infringement, validity, and enforceability of the patents-in-suit shall be stayed

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pending resolution of the dispute between the parties concerning standing and ownership of the

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patents-in-suit, or until such other time the Court determines to lift the stay; and (ii) Fatdoor’s

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pending Motion is hereby withdrawn.

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Dated

September 26, 2014

Fenwick & West LLP

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By:

/s/ Bryan A. Kohm
Bryan A. Kohm

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Attorneys for Defendant
Nextdoor.com, Inc.

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Dated

September 26, 2014

Mount, Spelman & Fingerman, P.C.

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By:

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/s/ Daniel Fingerman
Daniel Fingerman
Attorneys for Plaintiffs
Fatdoor, Inc. and Raj Abhyanker

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STIPULATION AND [PROPOSED] ORDER
RE PARTIAL STAY AND WITHDRAW OF
MOTION

Case No. 5:14-cv-02335-BLF

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ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this

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document has been obtained from the signatory indicated by a “conformed” signature (/s/) within

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this e-filed document.

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Dated

September 26, 2014

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By: /s/ Bryan A. Kohm
Bryan A. Kohm
Attorneys for Defendant
Nextdoor.com, Inc.

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SAN FRA NCI S CO

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ATTO RNEY S

F ENWICK & W ES T LLP

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STIPULATION AND [PROPOSED] ORDER
RE PARTIAL STAY AND WITHDRAW OF
MOTION

Case No. 5:14-cv-02335-BLF

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[PROPOSED] ORDER

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In accordance with the foregoing stipulation, the Court hereby ORDERS:

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(i) All discovery and deadlines relating to claim construction, infringement, validity, and

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enforceability of the patents-in-suit shall be stayed pending resolution of the dispute between the

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parties concerning standing and ownership of the patents-in-suit, or until such other time the

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Court determines to lift the stay;

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(ii) Fatdoor’s Motion to Stay or in the Alternative Dismiss Without Prejudice (Dkt. No.
52) is hereby withdrawn.

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to assess the status of the stay. The parties shall file a joint case management statement at least

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SAN FRA NCI S CO

Management Conference on February 12, 2015 at 1:30 p.m. in Courtroom 3, 5th Floor, San Jose

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IT IS FURTHER ORDERED THAT: The parties shall appear for a further Case

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F ENWICK & W ES T LLP

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seven (7) days in advance and may request that the CMC be continued if there are no new

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developments to address with the Court.

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The Motion to Dismiss Counterclaims filed by counterclaim defendant Raj Abhyanker
remains scheduled for December 11, 2014 at 9:00 a.m.
IT IS SO ORDERED.

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Dated: September 30, 2014
Hon. Beth Labson Freeman
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
RE PARTIAL STAY AND WITHDRAW OF
MOTION

Case No. 5:14-cv-02335-BLF

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