Avery Dennison Corporation v. 3M Company et al

Filing 14

REQUEST FOR JUDICIAL NOTICE re MOTION to Transfer Case to District of Minnesota 12 filed by Defendants 3M Company, 3M Innovative Properties Company. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K)(Flores, Daniel) [Transferred from California Central on 2/3/2011.]

Avery Dennison Corporation v. 3M Company et al

Doc. 14

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M. SEAN ROYALL, pro hac vice [e-mail] GIBSON, DUNN & CRUTCHER LLP 2100 McKinney Avenue, Suite 1100 Dallas, Texas 75201-6912 Telephone: [phone] Facsimile: 214.571.2900 DANIEL S. FLOYD, SBN 123819 [e-mail] SAMUEL G. LIVERSIDGE, SBN 180578 [e-mail] GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, California 90071-3197 Telephone: [phone] Facsimile: 213.229.7520 Attorneys for Defendants 3M Company and 3M Innovative Properties Company UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION AVERY DENNISON CORPORATION, Plaintiff, v. 3M COMPANY and 3M INNOVATIVE PROPERTIES COMPANY, Defendants. CASE NO. CV 10-7931 MRP (RZx) NOTICE OF REQUEST AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1404(a) [Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. § 1404(a); Memorandum of Points and Authorities in support; Declarations of Mary Jo Abler, Gerald L. Karel, and Daniel S. Floyd in support; and [Proposed] Order filed concurrently herewith] Hon. Mariana R. Pfaelzer Hearing Date: Hearing Time: Hearing Place: February 7, 2011 11:00 a.m. Courtroom 12

Trial Date: Not Set Complaint Filed: October 21, 2010

Dockets.Justia.com

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to Federal Rule of Evidence 201 and supporting case law, defendants 3M Company and 3M Innovative Properties Company (collectively, "3M"), by and through their attorneys of record, hereby request that the Court take judicial notice of the below-listed documents in connection with its consideration of Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. § 1404(a), filed with this court on December 13, 2010 and noticed for hearing on February 7, 2011 at 11:00 a.m. The documents that are the subject of this Request for Judicial Notice were either filed in a related patent infringement action brought by 3M against Avery Dennison Corporation ("Avery") in the U.S. District Court for the District of Minnesota, captioned 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN (D. Minn.), or are documents filed in other matters in other federal courts involving the parties to this action. 3M accordingly requests that the Court take judicial notice of the Minnesota patent action and the other referenced actions between the parties, and all pleadings and papers filed therein. The following documents are subject to this Request: 1. Attached hereto as Exhibit A is a true and correct copy of 3M's COMPLAINT filed on June 25, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #1 (D. Minn.). 2. Attached hereto as Exhibit B is a true and correct copy of 3M's FIRST AMENDED COMPLAINT filed on September 3, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #32 (D. Minn.). 3. Attached hereto as Exhibit C is a true and correct copy of DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS TO PLAINTIFF'S AMENDED COMPLAINT FOR PATENT INFRINGEMENT filed

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on September 20, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #47 (D. Minn.). 4. Attached hereto as Exhibit D is a true and correct copy of the NOTICE of Pretrial Conference, entered on November 23, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #86 (D. Minn.), setting the Pretrial Conference in the Minnesota patent infringement action for January 11, 2011. 5. Attached hereto as Exhibit E is a true and correct copy of 3M's MOTION FOR PRELIMINARY INJUNCTION filed on July 28, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #9 (D. Minn.). 6. Attached hereto as Exhibit F is a true and correct copy of the Court's Minutes entered on November 12, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #69 (D. Minn.), taking the parties' motions under advisement and requesting additional briefing. 7. Attached hereto as Exhibit G is a true and correct copy of the rough transcript of proceedings held before the Hon. Michael J. Davis on November 12, 2010 in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv02630 MJD/FLN (D. Minn.). 8. Attached hereto as Exhibit H is a true and correct copy of the DECLARATION OF MARK KLEINSCHMIT and attached exhibits filed on September 10, 2010 in support of Avery's Opposition to 3M's Motion for a Preliminary Injunction in the action 3M Company, et al. v. Avery Dennison Corp., Civil Action No. 10-cv-02630 MJD/FLN, Dkt. #43 (D. Minn.). 9. Attached hereto as Exhibit I is a true and correct copy of the Docket Report of proceedings in the action Avery Dennison Corp. v. Minnesota Mining, Civil Action No. 1:01-cv-00125-JJF (D. Del. filed Feb. 23, 2001).

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10.

Attached hereto as Exhibit J is a true and correct copy of Avery's

COMPLAINT against 3M filed on May 3, 2010 in the action Avery Dennison Corp. v. 3M Co., Civil Action No. 1:10-cv-00372-GMS, Dkt. #1 (D. Del.). 11. Attached hereto as Exhibit K is a true and correct copy of the Docket Report of proceedings in the action 3M Innovative Prop., et al v. Avery-Dennison, Civil Action No. 01-CV-1781 JRT/FLN (D. Minn. filed Sept. 27, 2001). Judicial notice of the foregoing exhibits is appropriate under the Federal Rules of Evidence, which require that judicial notice be taken of facts not subject to reasonable dispute and that are "capable of accurate and ready determination by reference to sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201(b). A court "may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue." U.S. ex rel Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F. 2d 244, 248 (9th Cir. 1992); see also Schweitzer v. Scott, 469 F. Supp. 1017, 1020 (C.D. Cal. 1979) ("[T]he Court is empowered to and does take judicial notice of court files and records."). The Minnesota patent action brought by 3M against Avery involves the same parties, the same products, and includes substantially the same facts and contentions as this action. In particular, as set forth in detail in the moving papers, there is clear and substantial overlap between factual and legal issues pertaining to Avery's affirmative claims in this action and its affirmative defenses in the Minnesota patent action. Judicial notice is appropriate "at any stage of the proceeding." Fed. R. Evid. 201(f). The documents listed above were filed in the related Minnesota patent action or other proceedings between the parties to this action, and hence are all appropriate for judicial notice. /// ///

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For all of the foregoing reasons, 3M respectfully requests that the Court take judicial notice of the above-listed documents. DATED: December 13, 2010

GIBSON, DUNN & CRUTCHER LLP

By:

/s/ M. Sean Royall M. Sean Royall

Attorneys for Defendants 3M Company and 3M Innovative Properties Company

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