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Olympic Developments Ag, LLC v. Apple

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 23, 2011

OLYMPIC DEVELOPMENTS AG, LLC,
PLAINTIFF,
v.
APPLE, INC., BARNESANDNOBLE.COM LLC,
SONY ELECTRONICS INC.
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Edward J. Davila

Eric A. Buresh (admitted pro hac vice) eburesh@shb.com akean@shb.com Abe J. Kean (admitted pro hac vice) IT IS SO ORDERED SHOOK,HARDY &BACON LLP AS MODIFIED 2555 Grand Boulevard Kansas City, Missouri 64108-2613 Facsimile: (816) 421-5547 d a ud Telephone: (816) 474-6550 Andrew Chang (SBN: 222309) H achang@shb.com SHOOK,HARDY &BACON LLP N DISTRCT One Montgomery, Suite 2700 8 San Francisco, California 94104-4505 Telephone: (415) 544-1900 Facsimile: (415) 391-0281 10 Attorneys for Defendant and Counterclaimant SONY ELECTRONICS INC.

JOINT STIPULATION AND [PROPOSED] ORDER TO SEVER PLAINTIFF'S CLAIMS AGAINST SONY ELECTRONICS INC.

Pursuant to Civil L.R. 7-12 and Federal Rules of Civil Procedure 20(a)(2) and 21, Plaintiff Olympic Developments AG, LLC ("Plaintiff") and Defendant Sony Electronics Inc. ("SEL") 3 (collectively "the Parties"), by and through their respective counsel, hereby agree and stipulate, and 4 respectfully request the Court to enter an Order severing SEL from this action so that the Parties may 5 coordinate consolidation of Plaintiff's and SEL's claims with a related case involving an affiliate 6 entity, Sony Computer Entertainment America LLC ("SCEA"). This joint stipulation sets forth the 7 following facts upon which the Parties agree:

1. Plaintiff filed the current action against SEL and several other defendants on September 28, 2010 in the United States District Court for the Central District of California, alleging 10 patent infringement. Plaintiff filed its First Amended Complaint on November 18, 2010.

2. On February 18, 2011, Plaintiff and SEL along with two other defendants, Apple, Inc. 12 and barnesandnoble.com LLC, filed a Joint Stipulation and Motion to Sever and Transfer Plaintiff's Claims to the United States District Court for the Northern District of California. Doc. 85. The 14 court granted the joint motion on February 28, 2011. Doc. 89. Following severance and transfer, the

3. In a separate action currently pending before the Honorable Joseph C. Spero of this Court, Olympic Developments AG, LLC v. Sony Computer Entertainment America LLC, No. 3:11-18 cv-01080-JCS (the "SCEA Action"), Plaintiff asserts claims against SCEA arising out of the same 19 patents at issue in the current action. In the SCEA Action, SCEA also asserts counterclaims against 20 Plaintiff regarding the same patents that are at issue in SEL's counterclaims in this action. SEL's 21 counsel in this action is the same as SCEA's counsel in the SCEA Action. SEL and SCEA are 22 affiliated corporations.

4. The Parties have engaged in several meet and confer discussions to join SEL in the SCEA Action. These discussions were described in subsequent filings in the SCEA Action, in 25 which the Parties stated that "Plaintiff, SCEA, and SEL have agreed that the convenience of all 26 parties and consistent and efficient judicial management would benefit from removing Plaintiff's and 27 SEL's claims from the [this] Action and asserting them in [the SCEA Action]." Case No. 3:11-cv-28

Parties, including Apple, Inc. and barnesandnoble.com LLC, were docketed before this Court.

5. Severance will neither prejudice the Parties nor augment the current schedules for

2 either the current case or the SCEA Action. Both courts have scheduled respective Case 3

Management Conferences for September 16, 2011. 4

6. In order to avoid unnecessary motion practice and further expense of the Parties and

5 the Court's resources, the Parties, by and through their respective counsel, request an Order severing SEL from the present action. 7

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

WHEREFORE, the Parties, by and through their respective counsel, hereby stipulate to and 2 request this Court to enter an Order severing SEL from this action.

Respectfully submitted,

Pursuant to General Order No. 45.X.B., the below filer attests that concurrence in the filing 15 of this document has been obtained from the above Signatories. 16

Dated: August 19, 2011

Andrew L. Chang

Andrew L. Chang

The Clerk shall open a new case number for Olympic Developments AG, LLC v. Sony Electronics. Inc. and file a copy of the PURSUANT TO STIPULATION, IT IS SO ORDERED. complaint and this Stipulation and Order in the new case.

HONORABLE EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE

20110823

© 1992-2011 VersusLaw Inc.



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