Opinion
Case No: 2:11-cv-1806-MCE-GGH
03-27-2013
WORLDSLIDE, LLC, Plaintiff, v. WAL-MART STORES, INC., Defendant.
SHEPPARD MULLIN RICHTER & HAMPTON LLP Laura L. Chapman Attorneys for Defendant Wal-Mart Stores, Inc. BERNHEIM, GUTIERREZ & MCCREADY William S. Bernheim Attorneys for Plaintiff Worldslide, LLC
Laura L. Chapman (State Bar No. 167249)
SHEPPARD MULLIN RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Email: lchapman@sheppardmullin.com.com
Telephone: 415.774-3215
Facsimile: 415.774-3267
Attorneys for Defendant
WAL-MART STORES, INC.
WILLIAM S. BERNHEIM SB 56555
BERNHEIM, GUTIERREZ & McCREADY
255 North Lincoln Street
Dixon, CA 95620
Ph.: (707) 678-4447
Fax: (707) 678-0744
e-mail: law@bernheimlaw.net
Attorneys for Plaintiff
WORLDSLIDE, LLC
JOINT STIPULATION AND ORDER
TO STAY CASE PENDING APPEAL
IN DECLARATORY RELIEF
ACTION INVOLVING THE SAME
PATENT
Judge: The Hon. Morrison C. England, Jr.
IT IS HEREBY STIPULATED, by and between Plaintiff Worldslide, LLC ("Plaintiff" or "Worldslide") and Defendant Wal-Mart Stores, Inc. ("Defendant") (hereinafter referred to collectively as "the Parties"), by and through their counsel of record as follows:
WHEREAS, this action, which was filed on July 8, 2011, alleges infringement of U.S. Patent No. 7,309,302 ("the patent-in-suit" or the "'302 Patent.");
WHEREAS, plaintiff in this action alleges that Walmart sold products that infringe the '302 Patent ("the Accused Products");
WHEREAS, an action known as AquaWood, LLC v. Worldslide, LLC and Forest B. Phillips, Case No. CV11-5611-JFW ("the AquaWood Case"), was filed on July 7, 2011, is pending in the United States District Court for the Central District of California, and seeks a declaratory judgment that the patent-in-suit in this action is invalid and not infringed by AquaWood;
WHEREAS, the Accused Products in this action are a subset of the products at issue in the AquaWood case;
WHEREAS the trial in this action was originally scheduled to take place on August 19, 2013;
WHEREAS, the AquaWood case was set for trial on July 31, 2012 but the dates in the AquaWood Case were continued, such that the new trial date was November 27, 2012;
WHEREAS, on September 21, 2012, the court granted the parties' previous stipulation to continue dates in this action for a period of six months pending the outcome of the AquaWood case. As a result, the trial date in this action was continued to February 19, 2014;
WHEREAS, on October 31, 2012, the court in the AquaWood case issued an order granting Plaintiff's motion for summary judgment, which is Document 104 on AquaWood court's docket. The court in AquaWood concluded that the '302 Patent is invalid for indefiniteness under 35 U.S.C. § 112, because it is anticipated by numerous prior art references under 35 U.S.C. § 102(b) and because it is obvious under 35 U.S.C. § 103(a).
WHEREAS, the court in the AquaWood case entered a final judgment in favor of plaintiff, AquaWood, and against Worldslide in the AquaWood Case on November 8, 2012;
WHEREAS, Worldslide file a notice of appeal of the judgement in the AquaWood case on November 30, 2012;
WHEREAS, the outcome of the appeal of the AquaWood case may determine the outcome of this Action and therefore the Parties to the Action agree that it is in the interest of judicial efficiency to stay this Action pending resolution of the appeal in the AquaWood case, as the resolution of the appeal of AquaWood Case may eliminate the need to continue to litigate this action;
NOW, THEREFORE, pursuant to Civil Local Rule 144(a), the undersigned parties hereby stipulate and respectfully request the Court order as follows: that all dates set in the Court's January 19, 2012 Pretrial Scheduling Order as amended by the Court's order, dated September 21, 2012, be stayed pending the outcome of the appeal in the AquaWood case. The parties suggest a case management conference be conducted every six months and will notify the court promptly upon the resolution of the appeal in the AquaWood case.
IT IS SO STIPULATED.
SHEPPARD MULLIN RICHTER &
HAMPTON LLP
By: _____
Laura L. Chapman
Attorneys for Defendant
Wal-Mart Stores, Inc.
BERNHEIM, GUTIERREZ & MCCREADY
By: __________
William S. Bernheim
Attorneys for Plaintiff
Worldslide, LLC
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
______________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE