Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 82

RESPONSE in Opposition re 60 MOTION to Dismiss for Improper Venue Pursuant to Rule 12(B)(3), FRCP MOTION to Dismiss for Improper Venue Pursuant to Rule 12(B)(3), FRCP filed by Uniloc Singapore Private Limited, Uniloc USA, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Declaration of Bradley C. Davis, # 11 Declaration of Dean G. Bostock, # 12 Text of Proposed Order)(Ward, Thomas)

Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Doc. 82 Att. 7

Exhibit G

Dockets.Justia.com

Case 2:08-cv-03574-DOC-MLG Document 21

Filed 10/21/08 Page 1 of 4 Page ID #:150

1 2 3 4 5 6 7

Scott R. Milller (State Bar No. 112656) [e-mail] Keith D. Fraser (State Bar No. 216279) [e-mail] CONNOLLY BOVE LODGE & HUTZ LLP 333 South Grand Avenue, Suite 2300 Los Angeles, California 90071 Telephone: [phone]; Fax: [phone]

Attorneys for Plaintiffs UNILOC CORPORATION PTY LIMITED, UNILOC USA, 8 INC., and UNILOC (SINGAPORE) PRIVATE 9 LIMITED.
10 11 12 13

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 08-03574 DOC (MLGx) STIPULATION TO STAY CASE PENDING ARBITRATION OF PLAINTIFFS' BREACH OF CONTRACT CAUSE OF ACTION [Proposed] Order Staying Case Pending Arbitration lodged herewith] Hearing Date: Time: Courtroom: Judge: October 27, 2008 8:30 a.m. 9D, Santa Ana Hon. David O. Carter

UNILOC CORPORATION PTY LIMITED, an Australian Proprietary 14 Limited Company, UNILOC USA, 15 INC., a Rhode Island Corporation, and UNILOC (SINGAPORE) PRIVATE 16 LIMITED, a Singapore Corporation,
17 18 19

Plaintiffs, vs.

XTREAMLOK, PTY, an Australian Proprietary Limited Company; and 20 SYMANTEC CORPORATION, a Delaware Corporation, and DOES 1 21 through 10, Inclusive,
22 23 24 25 26 27 28

Defendants.

STIPULATION TO STAY CASE PENDING ARBITRATION 642448_1 70243-00027

Case 2:08-cv-03574-DOC-MLG Document 21

Filed 10/21/08 Page 2 of 4 Page ID #:151

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS on May 30, 2008, Plaintiffs (collectively referred to herein as "Uniloc") filed this instant action against Defendants XtreamLok, Pty. ("XtreamLok") and Symantec Corporation ("Symantec") and asserted claims against each Defendant for Breach of Contract, Patent Infringement, and Unfair Competition; WHEREAS on October 2, 2008, Defendants filed a motion to compel arbitration of all of Uniloc's claims pursuant to an arbitration clause set forth in a License Agreement entered into between Uniloc and XtreamLok; WHEREAS Uniloc filed an opposition to the motion contending that its Patent Infringement and Unfair Competition claims were not subject to the arbitration clause of the License Agreement; WHEREAS the parties have agreed, pursuant to the terms of the License Agreement, that this Court may determine the scope of the arbitration clause of the License Agreement. WHEREAS the parties now wish to resolve Defendants' motion to compel arbitration; WHEREAS the parties have agreed to arbitrate Uniloc's Breach of Contract action pursuant to the terms of the License Agreement; WHEREAS the parties have agreed that, because resolution of Uniloc's Breach of Contract action may have a material impact on the other claims raised in the Complaint, this matter should be stayed pending arbitration of Uniloc's Breach of Contract action, and that, once the arbitration of that claim is concluded, this
1
STIPULATION TO STAY CASE PENDING ARBITRATION LA Uniloc_Stipulation to Stay Pending rbitration of Break of K (3) 70243-027 642448_1

Case 2:08-cv-03574-DOC-MLG Document 21

Filed 10/21/08 Page 3 of 4 Page ID #:152

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

matter may be re-activated so that this Court may address any remaining claims for Patent Infringement and Unfair Competition; WHEREAS the parties agree that, once the arbitration is concluded, this Court may determine what, if any, impact the decision in the arbitration has on the other claims raised in the Complaint, and this Stipulation is without prejudice to assertions by the parties as to the impact of the arbitration on the claims and issues not decided by the arbitrator, which may be determined by the Court upon completion of the arbitration, in accordance with applicable law; and WHEREAS the parties agree that at the conclusion of the arbitration, this court will retain jurisdiction to decide Uniloc's claims for Patent Infringement and Unfair Competition to the extent that either party contends any claims or issues remain in accordance with applicable law; WHEREFORE IT IS HEREBY AGREED AND STIPULATED that: (1) Uniloc's Claims against Defendants for Breach of Contract are subject to the arbitration clause of the License Agreement, and shall be submitted to arbitration in accordance with the Uniloc/XtreamLok License Agreement and applicable law; (2) This action shall be stayed pending the arbitration of Uniloc's Breach of Contract claims against Defendants; and (3) This Court shall retain jurisdiction over Uniloc's Patent Infringement and Unfair Competition Claims, and shall re-activate the matter upon application of the
2
STIPULATION TO STAY CASE PENDING ARBITRATION LA Uniloc_Stipulation to Stay Pending rbitration of Break of K (3) 70243-027 642448_1

Case 2:08-cv-03574-DOC-MLG Document 21

Filed 10/21/08 Page 4 of 4 Page ID #:153

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

parties upon completion of the arbitration to allow the continuation of the action as to any claims and issues which either party may contend remain to be resolved in accordance with applicable law. SO STIPULATED Connolly Bove Lodge & Hutz LLP Dated: October 21, 2008 By: /s/ Scott R. Miller Scott R. Miller Attorneys for Plaintiffs

Dated: October 21, 2008

Latham & Watkins, LLP

By:

/s/ Mark A. Flagel (w/permission) Mark A. Flagel Attorneys for Defendants

3
STIPULATION TO STAY CASE PENDING ARBITRATION LA Uniloc_Stipulation to Stay Pending rbitration of Break of K (3) 70243-027 642448_1