API Technologies, LLC v. Facebook, Inc. et al

Filing 190

Joint MOTION to Stay Litigation Pending Reexamination by Android, Inc., Google Inc.. (Attachments: # 1 Text of Proposed Order)(Al-Salam, Ramsey)

API Technologies, LLC v. Facebook, Inc. et al

Doc. 190 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

API TECHNOLOGIES, LLC, Plaintiff vs. FACEBOOK, INC., et. al. Defendants.

§ § § § § § § § § §

NO.

2:09-cv-147

STIPULATED ORDER TO STAY LITIGATION PENDING REEXAMINATION Before the Court is the parties' Joint Motion To Stay Litigation Pending Reexamination. Having considered the Motion, the Court hereby GRANTS the motion and ORDERS that the case is stayed pending the final outcome, including any appeals, of the pending inter partes reexamination of U.S. Patent No. 6,859,699, filed by Google Inc. on April 1, 2010 with the United States Patent and Trademark Office. The following agreed and stipulated terms shall apply: 1. Any party may move the Court to lift the stay following the final outcome (which includes any appeals) of the reexamination request. 2. The time during which the litigation is stayed, and any factual developments occurring during that time, will not affect the Defendants' pending Motion to Transfer Venue to the Northern District of California (Docket No. 174). Within 10 business days of a Court order lifting the stay, the parties will meet-and-confer to determine the appropriate way to complete the briefing associated with that motion, including whether and how the parties

41063-0125/LEGAL18621248.1

Dockets.Justia.com

will present to the Court any intervening case law and its application to the facts relevant to Defendants' Motion to Transfer Venue.

-241063-0125/LEGAL18621248.1