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Olympic Developments Ag, LLC v. Barnesandnoble.Com LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 14, 2011

OLYMPIC DEVELOPMENTS AG, LLC,
PLAINTIFF,
v.
BARNESANDNOBLE.COM LLC
DEFENDANT.

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

IT IS SO ORDERED AS MODIFIED A

STIPULATION TO STAY PROCEEDINGS PENDING REEXAMINATION OF PATENT-IN- SUIT

U.S. Patent Nos. 5,475,585 (the "'585 patent") and/or 6,246,400 (the "'400 patent") against 3 multiple defendants, including Amazon.com, Inc., Apple, Inc., barnesandnoble.com llc ("Barnes 4 America LLC and Sony Electronics Inc. ("Sony") and Valve Corporation, on September 28, 2010 6 in the Central District of California. See Case No. CV10-7237-GW-PLA (C.D. Cal.), D.N.1 7 WHEREAS, the '585 patent is currently the only patent that has been asserted against WHEREAS, Olympic Development AG, LLC ("Olympic") originally filed suit asserting & Noble"), Microsoft Corporation, Nintendo of America, Inc., Sony Computer Entertainment of 5 (Complaint for Patent Infringement); 8

Barnes & Noble. 10 11 litigations,*fn1 and the present action was transferred to the Northern District and assigned to this 12 D.N. 94 (Clerk's Notice of Transfer); 14 15 the parties to comply with certain case management dates, including: Invalidity Contentions 16 Close of Claim Construction Discovery (March 19, 2012); Joint Case Management Statement for 18 Day to Complete ADR Session (April 26, 2012); Case Tutorial (May 30, 2012); and Claim 20 WHEREAS, on July 11, 2011, Sony filed its request seeking ex parte reexamination of Olympic's '585 patent (which is currently the only patent-in-suit in this action), and on September 23 24

21, 2011, United States Patent and Trademark Office ("USPTO") Examiner Joshua Campbell 2 ordered an ex parte reexamination of the '585 patent; 3

WHEREAS, in three related litigations, the courts have granted stays pending the outcome

4 of the reexamination proceedings of the '400 and/or '585 patents. Olympic Developments AG, 5

LLC v. Sony, Case No. 3:11-cv-01080-JCS (N.D. Cal.), D.N. 122 (Order granting stay pending 6 reexamination proceedings); Olympic Developments AG, LLC v. AT&T, Inc. 2:10-cv-08545-GW-7

No. 2:11-cv-00391-MJP (W.D. Wash.), D.N. 131 (same); 9

'585 patent is in reexamination; and 11

12 to continue their settlement discussions; 13

14 stipulate as follows: 15

PLA (C.D. Cal.), D.N. 121 (same); Olympic Developments AG, LLC v. Amazon.com, Inc., Case 8

WHEREAS, Olympic and Barnes & Noble seek to conserve judicial resources while the WHEREAS, Olympic and Barnes & Noble are engaged in settlement discussions and wish

The Parties, by and through their respective counsel, subject to the Court's approval,

1. The litigation proceedings shall be stayed pending the resolution of the ex parte reexamination of the asserted '585 patent.

2. All Case Management Dates shall be vacated except for the following: a. The parties shall submit an updated Joint Case Management Statement by April 10, 2012.

b. An Interim Case Management Conference shall be held as currently scheduled on April 20, 2012.

SO STIPULATED.

Dated: November 11, 2011 Respectfully submitted, DICKSTEIN SHAPIRO LLP By: /s/ Krista M. Carter Krista M. Carter Attorney for Defendant BARNESANDNOBLE.COM LLC Dated: November 11, 2011 Respectfully submitted, WHITE FIELD, INC. By: /s/ Steven W. Ritcheson Steven W. Ritcheson Attorneys for Plaintiff OLYMPIC DEVELOPMENTS AG, LLC

SIGNATURE ATTESTATION

Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained

3 from the above-named counsel indicated by a "conformed" signature (/s/) within this e-filed 4 document. 5

/s/ Krista M. Carter

Krista M. Carter

PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED BY THE COURT:

This action is STAYED in its entirety pending completion of the ex parte reexamination of the '585 patent. All hearing dates, Case Management Conferences, and other deadlines previously imposed

HONORABLE EDWARD J. DAVILA

The parties shall submit a joint status report on or before April

United States District Court Judge

Upon the completion of the reexamination proceedings, the parties may request that this matter be reopened and that a case management conference be scheduled.

EDWARD J. DAVILA


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