TimeBase Pty Ltd. v. Thomson Corporation, The et al

Filing 27

APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 24 Order on Motion to Consolidate Cases (Gordon, Shawn)

TimeBase Pty Ltd. v. Thomson Corporation, The et al

Doc. 27

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA TIMEBASE PTY LTD., Plaintiff, vs. THE THOMSON CORPORATION, WEST PUBLISHING CORPORATION, and WEST SERVICES, INC., Defendants.
DEFENDANTS' APPEAL OF AND OBJECTIONS TO ORDERS DENYING A STAY OF THE `228 CASE (NO. 07-4551) AND LIFTING THE STAY OF THE `592 CASE (NO. 07-1687) Case No. 07-CV-4551 (JNE/JJG) Case No. 07-CV-1687 (JNE/JJG)

Pursuant to Federal Rule of Civil Procedure 72(a) and Local Rule 72.2(a), Defendants The Thomson Corporation, West Publishing Corporation, and West Services, Inc. hereby object to the portion of Magistrate Judge Graham's February 12, 2008 Order in Case No. 07-4551 denying a stay of that case pending the reexamination of U.S. Patent No. 6,233,592 and the portion of Magistrate Judge Graham's February 12, 2008 Order in Case No. 07-1687 lifting the stay of that case pending reexamination of U.S. Patent No. 6,233,592, and respectfully request the following relief: (1) reversal of the portion of Magistrate Judge Graham's February 12, 2008

Order in Case No. 07-4551 denying a stay pending the reexamination of U.S. Patent No. 6,223,592 by the PTO, including all appeals; (2) reversal of the portion of Magistrate Judge Graham's February 12, 2008

Order in Case No. 07-1687 lifting the stay of that case pending the reexamination of U.S. Patent No. 6,223,592 by the PTO; and

Dockets.Justia.com

(3)

a stay of the consolidated Case Nos. 07-1687 and 07-4551 pending the

reexamination of U.S. Patent No. 6,223,592 by the PTO, including all appeals. Defendants' Objections are based upon the Defendants' Memorandum in Support of Motion, the exhibits accompanying the Declaration of Shawn T. Gordon, and on the file, record, and proceedings herein.

Dated: February 26, 2008

FAEGRE & BENSON LLP s/ Calvin L. Litsey Calvin L. Litsey #153746 David J.F. Gross, #208772 Shawn T. Gordon, # 336439 Kevin P. Wagner, # 34008X
2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 Telephone: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendants The Thomson Corporation, West Publishing Corporation, and West Services, Inc.