`
`
`
`Ellisen S. Turner (SBN #224842)
`ellisen.turner@kirkland.com
`Joshua Glucoft (SBN #301249)
`josh.glucoft@kirkland.com
`KIRKLAND & ELLIS LLP
`2049 Century Park East, 37th Floor
`Los Angeles, CA 90067
`Tel: (310) 552-4200
`Fax: (310) 552-5900
`
`Attorneys for Interested Parties
`Meta Platforms, Inc. and WhatsApp LLC
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`
`
`TWITTER, INC.,
`
`Plaintiff,
`v.
`
`VOIP-PAL.COM, INC.,
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. 3:21-cv-09773-JD
`
`NOTICE OF PENDENCY OF OTHER
`ACTION INVOLVING SAME PATENTS
`PURSUANT TO PATENT LOCAL RULE 2-
`1(A)
`
`
`
`NOTICE OF OTHER ACTION
`INVOLVING SAME PATENTS
`
`
`
`
`Case No. 3:21-cv-09773-JD
`
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`Case 3:21-cv-09773-JD Document 37 Filed 06/16/22 Page 2 of 3
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`
`
`Pursuant to Patent Local Rule 2-1(a), defendants Meta Platforms, Inc. and WhatsApp LLC
`
`(“Meta Defendants”) hereby notify this Court of an action that involves the same plaintiff and patents as
`the above-captioned matter: VoIP-Pal.com, Inc. v. Meta Platforms, Inc., No. 5:22-cv-03202-JSC (the
`“Meta Action”). The Meta Defendants are filing this notice in the following four cases pending in this
`District: AT&T Corp. v. VoIP-Pal.com, Inc., No. 3:21-cv-05078-JD (the “AT&T Action”); Cellco P’ship
`v. VoIP-Pal.com, Inc., No. 5:21-cv-05275-JD (the “Verizon Action”); Twitter, Inc. v. VoIP-Pal.com,
`Inc., No. 3:21-cv-09773-JD (the “Twitter Action”); and VoIP-Pal.com, Inc. v. Google, Inc., No. 3:22-cv-
`03199-JCS (the “Google Action”).
`In 2021, VoIP-Pal.com, Inc. (“VoIP-Pal”) asserted U.S. Patent Nos. 8,630,234 and 10,880,721
`(the “Asserted Patents”) in the Western District of Texas against Apple, Amazon, AT&T, Google, T-
`Mobile, Verizon, and the Meta Defendants (the “2021 Cases”), among others. Judge Alan D. Albright
`aligned the schedules of the 2021 Cases, including the Markman hearings for each action. See, e.g., Dkt.
`38 in the Meta Action. On June 1, 2022, Judge Albright transferred the Meta Action and the Google
`Action to this District, where the Meta Action was assigned to Magistrate Judge Cousins and the Google
`Action was assigned to Chief Magistrate Judge Spero. See No. 5:22-cv-03202-JSC, Dkt. 66; No. 3:22-
`cv-03199-JCS, Dkt. 65. Subsequently, the Meta Action was reassigned to Judge Corley after VoIP-Pal
`declined to proceed before a magistrate judge. No. 5:22-cv-03202-JSC, Dkts. 69-70.
`In response to the 2021 Cases, AT&T, Verizon and Twitter filed declaratory judgment actions in
`this District concerning VoIP-Pal’s assertion of the Asserted Patents. The first-filed matter, the AT&T
`Action, was assigned to this Court, which later related the case to the Verizon Action and the Twitter
`Action. See No. 3:21-cv-5078, Dkt. 31; No. 3:21-cv-09773-JD, Dkt. 23. As a result, this Court now
`presides over all three of the previously filed declaratory judgment actions.
`Under Patent Local Rule 2-1(a)(1), the above-named matter would be deemed related to the Meta
`Action because the matters both involve the same party (VoIP-Pal) asserting the same Asserted Patents
`(and only those same Asserted Patents). Although the AT&T Action, Verizon Action, and Twitter
`Action are declaratory judgment actions, the Meta Defendants understand that Patent Local
`Rule 2-1(a)(1) may be interpreted to encompass such actions and deem them related to the Meta Action,
`and have accordingly filed this identical notice in each action to maintain consistency.
`2
`NOTICE OF OTHER ACTION
`Case No. 3:21-cv-09773-JD
`INVOLVING SAME PATENTS
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`Case 3:21-cv-09773-JD Document 37 Filed 06/16/22 Page 3 of 3
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`
`
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` Dated: June 16, 2022
`
`
`Kirkland & Ellis LLP
`
`
`
`By: /s/ Joshua Glucoft
`
`Ellisen S. Turner (SBN #224842)
`ellisen.turner@kirkland.com
`Joshua Glucoft (SBN #301249)
`josh.glucoft@kirkland.com
`KIRKLAND & ELLIS LLP
`2049 Century Park East, 37th Floor
`Los Angeles, CA 90067
`Tel: (310) 552-4200
`Fax: (310) 552-5900
`
`Attorneys for Interested Parties
`Meta Platforms, Inc. and WhatsApp LLC
`
`
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`NOTICE OF OTHER ACTION
`INVOLVING SAME PATENTS
`
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`3
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`Case No. 3:21-cv-09773-JD
`
`
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