Opinion
Case No. CV 11-1054 PJH
11-29-2011
MASTEROBJECTS, INC., Plaintiff, v. GOOGLE INC., Defendant. AND RELATED COUNTERCLAIMS
HOSIE RICE LLP William P. Nelson Attorneys for Plaintiff MasterObjects, Inc. McDERMOTT WILL & EMERY LLP Vera M. Elson Attorneys for Defendant Google Inc.
SPENCER HOSIE (SBN 101777)
GEORGE F. BISHOP (SBN 89205)
DIANE S. RICE (SBN 118303)
WILLIAM P. NELSON (SBN 196091)
HOSIE RICE LLP
Attorneys for Plaintiff
MASTEROBJECTS, INC.
TERRENCE P. McMAHON (SBN 71910)
VERA M. ELSON (SBN 156327)
VANESSA LEFORT (SBN 260687)
McDERMOTT WILL & EMERY LLP
Attorneys for Defendant
GOOGLE INC.
STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Plaintiff MasterObjects, Inc. ("Plaintiff") and defendant Google Inc. ("Defendant"), hereby stipulate through their respective counsel of record as follows:
WHEREAS, on or about March 7, 2011, Plaintiff served its Original Complaint upon Defendant; Plaintiff's Original Complaint alleges counts for patent infringement, including direct infringement, induced infringement, and contributory infringement;
WHEREAS, Plaintiff filed its First Amended Complaint on June 10, 2011;
WHEREAS, at the September 22, 2011 Status Conference, the parties discussed the circumstances under which MasterObject's newly allowed patent application would be asserted in this action;
WHEREAS, U.S. Patent No. 8,060,639 issued to MasterObjects on November 15, 2011;
WHEREAS, Plaintiff intends to seek leave to file its Second Amended Complaint, whereby Plaintiff no longer alleges (and hereby withdraws its earlier allegations) that Defendant infringes under 35 U.S.C. §§ 271 (b) or (c).
WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that Plaintiff may seek leave from the Court to file its Second Amended Complaint, attached hereto as Exhibit 1, and Defendant will not oppose. Plaintiff and Defendant, through their respective counsel of record, have agreed to this filing.
HOSIE RICE LLP
William P. Nelson
Attorneys for Plaintiff
MasterObjects, Inc.
McDERMOTT WILL & EMERY LLP
Vera M. Elson
Attorneys for Defendant
Google Inc.
I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing of this document has been obtained from the other signatories.
William P. Nelson
PURSUANT TO STIPULATION IT IS ORDERED THAT
Leave to file Plaintiff's Second Amended Complaint is GRANTED.
Honorable Phyllis J. Hamilton
U.S. District Court Judge