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Emine Technology Co., Ltd. v. Aten International Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 14, 2008

EMINE TECHNOLOGY CO., LTD., PLAINTIFF,
v.
ATEN INTERNATIONAL CO., LTD., DEFENDANT.

The opinion of the court was delivered by: Kyle D. Chen

STIPULATION TO CONTINUE THE HEARING ON ATEN'S MOTION TO AND [PROPOSED] ORDER THEREON DISMISS FOR INSUFFICIENT SERVICE

WHEREAS on June 25, 2008, defendant ATEN International Co., Ltd. ("ATEN") filed an action in the United States District Court for the Eastern District of Texas against plaintiff Emine Technology Co., Ltd. ("Emine") entitled ATEN Int'l Co., Ltd. v. Emine Technology Co., Ltd., No. 08-CV-00253 (E.D. Tex.) ("Texas Action"), alleging, inter alia, that Emine infringes U.S. Patent No. 7,035,112 ("'112 patent");

WHEREAS on June 27, 2008, Emine filed the present action in this Court against ATEN seeking a declaratory judgment of non-infringement and invalidity of the'112 patent;

WHEREAS Emine filed a Certificate of Service (Docket No. 7) on July 14, 2008; WHEREAS ATEN filed a Motion to Dismiss for Insufficient Service on August 22, 2008 (Docket No. 11) ("Service Motion"), for which a hearing is currently set for November 19, 2008;

WHEREAS ATEN filed a Motion to Dismiss, Transfer or Stay on October 22, 2008 (Docket No. 22) ("Transfer Motion"), for which a hearing is currently set for December 10, 2008;

WHEREAS the Initial Case Management Conference of this case is currently set for December 18, 2008;

WHEREAS in the interests of judicial economy, and to preserve judicial and party resources, the parties have agreed that it is appropriate for both the Service Motion and the Transfer Motion be heard on December 17, 2008;

WHEREAS concurrently with the filing of this stipulation and before November 19, 2008, the current due date for Emine's Opposition to the Transfer Motion, ATEN will renotice the Transfer Motion for a new hearing date of December 17, 2008 pursuant to Civil Local Rule 7-7;

NOW, THEREFORE, ATEN and Emine, through their respective counsel of record, hereby stipulate and respectfully request that the Court order as follows:

The hearing on ATEN's Motion to Dismiss, Transfer or Stay filed on October 22, 2008 (Docket No. 22), currently scheduled for November 19, 2008, will be continued to December 17, 2008.

IT IS SO STIPULATED.

Dated: November 12, 2008

The hearing on ATEN's Motion to Dismiss, Transfer or Stay filed on October 22, 2008 (Docket No. 22), currently scheduled for November 19, 2008, is continued to December 17, 2008 at 9:00 a.m.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on November 12, 2008, I electronically filed the foregoing with the Clerk of the Court in compliance with Civil Local Rule 5-5(b) using the CM/ECF system which will send notification of the filing to all counsel of record.

20081114

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