NetJumper Sofware L. L. C. v. Google, Incorporated

Filing 115

MOTION to Stay or Continue the Trial Date by Google, Incorporated. (Wolff, Jason)

NetJumper Sofware L. L. C. v. Google, Incorporated

Doc. 115

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NET JUMPER SOFTWARE, L.L.C. a Michigan limited liability corporation, Plaintiff/Counterclaim Defendant, v. GOOGLE INC., a Delaware corporation Defendant/Counterclaim Plaintiff. ________________________________________________________________________________/ Andrew Kochanowski SOMMERS SHWARTZ, PC 2000 Town Center, Suite 900 Southfield, MI 48075 Michael H. Baniak Gary E. Hood MCDONNEL BOEHNEN HULBERT & BERGHOFF, LLP 300 South Wacker Drive Chicago, IL 60606 Attorneys for NetJumper Software, L.L.C. Kathleen A. Lang (P34695) L. Pahl Zinn (P57516) DICKINSON WRIGHT PLLC 500 Woodward Avenue, Suite 4000 Detroit, MI 48226-3425 [phone] Frank E. Scherkenbach FISH & RICHARDSON P.C. 225 Franklin Street Boston, MA 02110-2804 Howard G. Pollack FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Jason W. Wolff FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130-2081 Attorneys for Google Inc. Civil Action No. 04-70366-CV District Judge Julian Abele Cook, Jr. Magistrate Judge R. Steven Whalen

GOOGLE'S MOTION TO STAY PENDING RESOLUTION OF THE REEXAMINATION PROCEEDINGS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE TO LATE SEPTEMBER OR EARLY OCTOBER

Dockets.Justia.com

For the reasons set forth in the accompanying Brief in Support of Google's Motion to Stay Pending Resolution of the Reexamination Proceedings Before the United States Patent and Trademark Office, or in the Alternative to Continue the Trial Date to Late September or Early October, Google respectfully moves the Court to stay this litigation pending the reexamination of U.S. Patent No. 5,890,172, or in the alternative to continue to trial date for approximately 911 weeks ­ into late September or early October. Pursuant to Local Rule 7.1, Google certifies that there was a conference between counsel for the parties in which Google explained the nature of its motion but did not obtain concurrence in the relief sought. Specifically, while counsel for NetJumper opposes a motion to stay pending the reexamination of the '172 patent, he indicated that a trial date in late September or early October would also be convenient but his client preferred to have the trial on July 22, 2008.

Dated: May 28, 2008

Respectfully submitted, FISH & RICHARDSON P.C.

By: /s/ Jason W. Wolff 12390 El Camino Real San Diego, CA 92130 [phone] [e-mail] Attorneys for Defendant/Counterclaim Plaintiff GOOGLE INC.

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CERTIFICATE OF SERVICE I hereby certify that on May 28, 2008, I electronically filed GOOGLE' S MOTION TO STAY PENDING RESOLUTION OF THE REEXAMINATION PROCEEDINGS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE TO LATE SEPTEMBER OR EARLY OCTOBER, together with its attached Exhibits and Declaration, with the Clerk of the Court using the ECF system, which will send notice of such filing upon the following attorneys: ANDREW KOCHANOWSKI and MICHAEL H. BANIAK. By: /s/ Jason W. Wolff FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 [phone] [e-mail]

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