International Business Machines Corporation v. Zillow Group Inc et al

Filing 64

MINUTE ORDER: On or before 2/25/2022, counsel shall meet and confer and file a Joint Status Report, not to exceed eight (8) pages in length, addressing the following issues: (a) whether a declaration of an inventor listed on the '168 Patent i s already part of the record in this matter and, if so, in what docket entry; and/or (b) if a declaration of an inventor listed on the '168 Patent was not previously filed, whether IBM should be permitted to supplement the record with such de claration, if one was prepared and signed on or before 11/4/2020, the date that the Amended Complaint was filed. Defendants' motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6), docket no. 59 , is RENOTED to 2/25/2022. Authorized by Judge Thomas S. Zilly. (MW)

Case 2:20-cv-01130-TSZ Document 64 Filed 02/16/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Plaintiff,

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C20-1130 TSZ

v.
ZILLOW GROUP, INC.; and
ZILLOW, INC.,

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MINUTE ORDER

Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
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(1)
In its response to defendants’ motion to dismiss the infringement claim
involving U.S. Patent No. 10,115,168 (the “’168 Patent”), plaintiff cites “D.I. 36,” which
the Court interprets as a declaration of an inventor to be found within docket entry 36, but
no such document appears to exist within the 2,026 pages filed with the Amended
Complaint, docket no. 36. Both parties discuss the patent examiner’s initial rejection
pursuant to 35 U.S.C. § 101, followed by allowance of the ’168 Patent, see Def.’s Mot. at
19 (docket no. 59); Pl.’s Resp. at 22–23 (docket no. 62), but neither side appears to have
provided copies of the patent examiner’s decisions. On or before February 25, 2022,
counsel shall meet and confer and file a Joint Status Report, not to exceed eight (8) pages
in length, addressing the following issues: (a) whether a declaration of an inventor listed
on the ’168 Patent is already part of the record in this matter and, if so, in what docket
entry; and/or (b) if a declaration of an inventor listed on the ’168 Patent was not
previously filed, whether IBM should be permitted to supplement the record with such
declaration, if one was prepared and signed on or before November 4, 2020, the date that
the Amended Complaint was filed. If the parties disagree on any of these topics, they

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MINUTE ORDER - 1

Case 2:20-cv-01130-TSZ Document 64 Filed 02/16/22 Page 2 of 2

1 shall state their respective views within the Joint Status Report; no separate reports or
briefs shall be filed. The following documents (in their entirety) shall be attached as
2 exhibits to the Joint Status Report: (i) any rejection of the ’168 Patent by the patent
examiner; (ii) any response to any such rejection; (iii) the allowance of the ’168 Patent by
3 the patent examiner; and (iv) the declaration of an inventor listed on the ’168 Patent that
was signed on or before November 4, 2020, and would be proffered if one is not already
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(2)
Defendants’ motion to dismiss brought pursuant to Federal Rule of Civil
Procedure 12(b)(6), docket no. 59, is RENOTED to February 25, 2022.

(3)
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The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 16th day of February, 2022.

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Ravi Subramanian
Clerk

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s/Gail Glass
Deputy Clerk

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MINUTE ORDER - 2