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Olympic Developments Ag, LLC v. Barnesandnoble.Com LLC

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 ...


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