Blue Spike, LLC v. Gracenote Inc et al

Northern District of California, cand-4:2015-cv-01494

STIPULATION AND ORDER, ORDER DISMISSING CASE WITH PREJUDICE.The Friday, October 20, 2017 at 9:01 AM Compliance hearing is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 10/13/17.

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1 DARREN E. DONNELLY (CSB No. 194335) ddonnelly@fenwick.com 2 BRYAN A. KOHM (CSB No. 233276) bkohm@fenwick.com 3 FENWICK & WEST LLP Silicon Valley Center 4 801 California Street Mountain View, CA 94041 5 Telephone: 650.988.8500 Facsimile: 650.938.5200 6 Attorneys for Defendants 7 GRACENOTE INC., TRIBUNE COMPANY, and 8 TRIBUNE MEDIA SERVICES, LLC 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 F ENWICK & W EST LLP ATTORNEYS AT LAW MOUNTAIN VIEW 13 BLUE SPIKE, LLC, Case No. 4:15-CV-01494-YGR 14 Plaintiff, 15 STIPULATION OF DISMISSAL v. AND ORDER 16 GRACENOTE INC., et al., 17 Defendants. 18 19 WHEREAS on November 10, 2015, this Court entered a Stipulation and Order to Stay 20 Case ("Stay Order," ECF No. 76), staying this litigation pending the resolution of the appeal to 21 the U.S. Court of Appeals for the Federal Circuit by Plaintiff Blue Spike, LLC ("Blue Spike") of 22 the judgment in Blue Spike, LLC v Google, Inc. Case No. 14-cv-01650-YGR (N.D. Cal), 23 ("Google Action"), in which the Court found claims of U.S. Patent Nos 7,346,472, 7,660,700, 24 7,949,494, 8,214,175 and 8,712,728 invalid for lack of patentable subject matter under 35 U.S.C. 25 § 101; 26 27 28 STIPULATION OF DISMISSAL WITH CASE NO. 4:15-CV-01494-YGR PREDJUDICE 1 WHEREAS the Federal Circuit issued a Judgment summarily affirming the judgment in 2 the Google Action in its entirety, see Blue Spike, LLC v Google, Inc. No. 2016-1054 (Fed. Cir. 3 Oct 14, 2016); and 4 WHEREAS the Stay Order provided that "if a Google judgment or invalidity is affirmed, 5 such affirmance is dispositive of this case," and that should the Federal Circuit affirm the 6 judgment in the Google Action, "Blue Spike expressly agrees that the Google judgment of 7 invalidity and its subsequent affirmance will collaterally estop Blue Spike from disputing the 8 invalidity of the five asserted patents or asserting these patents against Defendants, including for 9 patent claims not expressly recited in the Google judgment." (ECF No. 75 at 2); 10 NOW THEREFORE, the parties to this action, through their respective counsel of record 11 hereby stipulate, and respectfully request that the Court order, as follows: 12 1. Based on the judgment in the Google action, Blue Spike's claims in this action are F ENWICK & W EST LLP ATTORNEYS AT LAW hereby dismissed with prejudice, and Defendants' counterclaims dismissed as moot, with each MOUNTAIN VIEW 13 14 side to bear its own costs and attorneys' fees. 15 2. In accordance with the agreement reflected in the Stay Order, Blue Spike and its 16 subsidiaries are hereby collaterally estopped from disputing the invalidity of the five asserted 17 patents or asserting these patents against Defendants and their subsidiaries, including for patent- 18 in-suit claims not expressly recited in the Google judgment. 19 Dated: October 13, 2017 FENWICK & WEST LLP 20 21 By: /s/ Darren Donnelly 22 Darren Donnelly 23 Attorneys for Plaintiff GRACENOTE INC., TRIBUNE 24 COMPANY, and TRIBUNE MEDIA SERVICES, LLC. 25 26 27 28 STIPULATION OF DISMISSAL WITH 2 CASE NO. 4:15-CV-01494-YGR PREDJUDICE 1 Dated: October 13, 2017 GARTEISER HONEA PLLC 2 3 By: /s/ Randall Garteiser Randall Garteiser 4 Attorneys for Plaintiff 5 BLUE SPIKE, LLC 6 7 ATTESTATION 8 I, Darren Donnelly, am the ECF User whose identification and password are being used to 9 file this STIPULATION and [PROPOSED] ORDER. In Compliance with Civil Local Rule 5- 10 1(i)(3), I hereby attest that all signatories have concurred in this filing. 11 Dated: October 13, 2017 /s/ Darren Donnelly 12 Darren Donnelly F ENWICK & W EST LLP ATTORNEYS AT LAW MOUNTAIN VIEW 13 14 15 [PROPOSED] ORDER 16 Pursuant to the stipulation it is SO ORDERED. 17 Dated: __________________________ October 13, 2017 ________________________________ 18 Honorable Yvonne Gonzalez Rogers 19 United States District Judge 20 21 22 23 24 25 26 27 28 STIPULATION OF DISMISSAL WITH 3 CASE NO. 4:15-CV-01494-YGR PREDJUDICE