The opinion of the court was delivered by: The Honorable Jeremy Fogel United States District Court Judge
ORDER APPROVING JOINT STIPULATION TO SEVER DEFENDANT BAJER DESIGN & MARKETING, INC. Complaint Filed: March 5, 2010
WHEREAS, Plaintiff San Francisco Technology Inc. ("SF Tech") filed its Complaint (Docket No. 1) on March 5, 2010 (the "Complaint") alleging that numerous 3 defendants have falsely marked articles in violation of 35 U.S.C. § 292;
WHEREAS, Defendant Bajer Design & Marketing, Inc. ("Bajer") previously filed a Motion To Dismiss For Failure To State A Claim (the "Motion To Dismiss"); on Bajer's Motion To Dismiss and all proceedings as to Bajer and certain other defendants until the Federal Circuit entered a decision in Stauffer v. Brooks Bros.,
WHEREAS, on May 28, 2010, this Court entered a stipulation staying the hearing Appeal Nos. 2009-1428, 2009-1430, 2009-1453 ("Stauffer") (D.I. 189) (the "Stipulated Stay");
WHEREAS, this Court's Order Re Pending Motions on July 19, 2010 (Docket No. 315) ordered that "this action is hereby severed as to each and every separate defendant" (at 21:16--18), but did not instruct the Clerk to open a new case number as to
WHEREAS, the Federal Circuit entered a decision in Stauffer on August 31, 2010, and, accordingly on October 14, 2010, this Court issued an Order lifting "the stay of litigation imposed by" the July Order, in, among others, Case No. 5:10-cv-00966 San
WHEREAS, at the November 5, 2010 Case Management Conferences involving Plaintiff and other defendants from the Original Case, this Court ruled from the bench that all responsive motions in all of Plaintiff's cases still pending from the Original Case should be heard on Thursday, January 20, 2011 at 1:30 p.m., and that the Local Rules' normal 35-day briefing schedule shall apply;
respective counsel of record, hereby stipulate and agree as follows: action, and will be assigned a new case number for the matter San Francisco Bajer (the "July Order");
Francisco Technology Inc. v. Bajer Design & Marketing, Inc. (D.I. 319) ("October Order");
THEREFORE, for the avoidance of doubt, the Parties, by and through their
1. The Complaint against Bajer will be formally severed into a separate Technology Inc. v. Bajer Design & Marketing, Inc.
2. The October Order lifts the Stipulated Stay as to Bajer.
3. Bajer's responsive pleadings are due no later than ...