Data Scape Limited v. Box, Inc.

Western District of Texas, txwd-6:2019-cv-00025

STIPULATION of Dismissal Joint Stipulation of Dismissal by Box, Inc.

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UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF TEXAS WACO DIVISION C.A. No. 6:19-CV-00025-ADA DATA SCAPE LIMITED, Plaintiff, v. BOX, INC., Defendant. JOINT STIPULATION OF DISMISSAL WHEREAS, Plaintiff Data Scape Limited ("Data Scape") filed a complaint against Defendant Box, Inc. ("Box") on January 25, 2019 in the above-entitled action (ECF No. 1); WHEREAS, Box answered the complaint on April 22, 2019 denying all allegations of infringement (ECF No. 26); WHEREAS, Box filed a motion to transfer venue on May 3, 2019 (ECF No. 27), Data Scape filed its response on May 10, 2019 (ECF No. 28), Box filed its reply on May 17, 2019 (ECF No. 29), and the Court has scheduled a hearing on the motion to be held July 12, 2019; WHEREAS, on May 17, 2019 the asserted patents in this action were held invalid by the District Court for the Central District of California in Data Scape Limited v. Western Digital Corp., Case No. 8:18-cv-02285; WHEREAS, on May 21, 2019 Data Scape filed another action against Box captioned Data Scape Limited v. Box, Inc., 6:19-cv-00315 in this Court (hereinafter "Data Scape II"); WHEREAS, the parties desire to conserve the parties' and Court's resources and agree that the briefing regarding Box's motion to transfer previously filed in this action is equally applicable to Data Scape II because the patents asserted in Data Scape II are both continuations within the same family as three of the four patents asserted in this action and Data Scape's allegations are directed toward the same accused products in Data Scape II as in the instant action; NOW, THEREFORE, the parties hereby stipulate and agree that the parties will request that the Court deem the briefing and supporting papers regarding Box's motion to transfer in this action (ECF Nos. 27, 28, and 29) be deemed filed in Data Scape II and ripe for hearing and/or decision by the Court for the reasons set forth above; and The parties hereby agree and stipulate, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), that this action is dismissed without prejudice with each side to bear its own costs. 2 June 26, 2019 June 26, 2019 Respectfully submitted, Respectfully submitted, /s/ Paul A. Kroeger /s/ Heidi L. Keefe Heidi L. Keefe (CA SBN 178960) RUSS AUGUST & KABAT hkeefe@cooley.com Marc A. Fenster (CA SBN 181067) Reuben H. Chen (CA SBN 228725) Email: mfenster@raklaw.com rchen@cooley.com Reza Mirzaie (CA SBN 246953) Lowell D. Mead (CA SBN 223989) Email: rmirzaie@raklaw.com lmead@cooley.com Brian D. Ledahl (CA SBN 186579) Lam K. Nguyen (CA SBN 265285) Email: bledahl@raklaw.com lnguyen@cooley.com Paul A. Kroeger (CA SBN 229074) COOLEY LLP Email: pkroeger@raklaw.com 3175 Hanover Street C. Jay Chung (CA SBN 252794) Palo Alto, CA 94304-1130 Email: jchung@raklaw.com (650) 843-5000 Philip X. Wang (CA SBN 262239) Email: pwang@raklaw.com Deron R. Dacus 12424 Wilshire Boulevard, 12th Floor ddacus@dacusfirm.com Los Angeles, California 90025 The Dacus Firm, P.C. Telephone: (310) 826-7474 821 ESE Loop 323, Suite 430 Facsimile: (310) 826-6991 Tyler, TX 75701 (903) 705-1117 Robert M. Boyle Clark Hill Strasburger Attorneys for Defendant Box, Inc. 720 Brazos Street, Suite 700 Austin, TX 78701 Email: bob.oboyle@clarkhillstrasburger.com Telephone: (512) 499-3600 Attorneys for Plaintiff Data Scape Limited 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on June 26, 2019, all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system pursuant to Local Rule CV-5(b)(1). /s/ Heidi L. Keefe Heidi L. Keefe CERTIFICATE OF CONFERENCE Counsel for the parties conferred by telephone on June 5, 2019 and subsequently by email to agree on the stipulation reflected above. /s/ Heidi L. Keefe Heidi L. Keefe 4