`Case 1:12—cv—OO398—GMS Document 9 Filed 05/15/12 Page 1 of 4 Page|D #: 77
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HUMANEYES TECHNOLOGIES, LTD.,
`
`v.
`
`Piaintiff,
`
`'
`
`C.A. No. 12-398-GMS
`
`SONY ELECTRONICS INC., SONY
`CORPORATION, SONY CORPORATION OF
`AMERICA, SONY MOBILE
`COMMUNICATIONS AB, and SONY MOBILE
`COMMUNICATIONS (USA) INC.,
`
`Defendants.
`
`UNOPPOSED MOTION TO STAY PENDING RESOLUTION OF
`
`PROCEEDINGS AT THE INTERNATIONAL TRADE COMMISSION
`
`Defendants Sony Electronics Inc., Sony Corporation, Sony Corporation of
`
`America, Sony Mobile Communications AB, and Sony Mobile Communications (USA) Inc.
`
`(collectively “Sony”) hereby move this Court to stay Plaintiffs claims against Sony pursuant to
`
`28 U.S.C.
`
`§ 1659(a) pending the resolution of proceedings between the parties in the
`
`International Trade Commission (“ITC”).
`
`Under 28 U.S.C. § 1659(a), “at the request of a party to the civil action that is also
`
`a respondent
`
`in the proceeding before the [ITC],
`
`the district court shall stay, until
`
`the
`
`determination of the [ITC] becomes final, proceedings in the civil action with respect to any
`
`claim that involves the same issues involved in the proceeding before the [ITC], but only if such
`
`request is made within — (1) 30 days after the party is named as a respondent in the proceeding
`
`before the Commission, or (2) 30 days after the district court action is filed, whichever is later”
`
`(emphasis added).
`
`On March 28, 2012, Plaintiff filed a Complaint in support of its request that the
`
`International Trade Commission (ITC) commence an investigation pursuant to Section 337 of the
`
`RLFI 6029955v. I
`
`
`
`Case 1:12-cv-00398-GMS Document 9 Filed 05/15/12 Page 2 of 4 PageID #: 78
`Case 1:12—cv—OO398—GMS Document 9 Filed 05/15/12 Page 2 of 4 Page|D #: 78
`
`Tariff Act of 1930, as amended, 19 U.S.C. § 1337. On April 27, 2012, the ITC instituted the
`
`requested investigation as ITC investigation No. 337-TA-842. This Motion is being filed within
`
`30 days of the institution of the ITC proceeding and is therefore timely.
`
`The products involved in the ITC investigation are “cameras and mobile devices,
`
`[and] associated firmware and software” that are alleged to infringe U.S. Patent Nos. 6,665,003
`
`and 7,477,284 (the “patents-at-issue”). In this Court, the plaintiff has also alleged that “cameras
`
`and mobile devices and associated firmware and/or software” infringe the patents—at—issue.
`
`Accordingly, the claims at issue in this Court involve and overlap with the same claims at issue
`
`in the ITC.
`
`Counsel for Sony has contacted counsel for Plaintiff and has been advised that
`
`Plaintiff does not oppose this motion. For the foregoing reasons, it is respectfully requested that
`
`the Court enter a stay of this action in accordance with 28 U.S.C. § 1659(a).
`
`RLFI 6029955v. l
`
`
`
`Case 1:12-cv-00398-GMS Document 9 Filed 05/15/12 Page 3 of 4 PageID #: 79
`Case 1:12-CV-00398-GMS
`Document 9 Filed 05/15/12 Page 3 of 4 Page|D #: 79
`
`/s/ Elizabeth R. He
`
`Chad M. Shandler (#3796)
`Elizabeth R. He (#5345)
`RICHARDS, LAYTON, & FINGER, P.A.
`One Rodney Square
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`Shandler@rlf.com
`He@rlf.com
`
`Attorneys’for Defendants Sony Electronics Inc.,
`Sony Corporation, Sony Corporation of
`America, Sony Mobile Cornnmriications AB, and
`Sony Mobile Communications (USA) Inc.
`
`Of Counsel:
`
`John Flock
`
`Michelle Carniaux
`
`Sheila Mortazavi
`
`Julia Tanase
`
`Ajita Shukla
`Michael E. Sander
`
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004-1050
`Tel: (212) 425-7200
`Fax: (212) 425-5288
`jflock@kenyon.com
`mcarniaux@kenyon.co1n
`smo1'tazaVi@kenyon.co1I1
`jtanase@kenyon.c0m
`ashukla@kenyon.c0m
`msa11der@kenyon.co1n
`
`Dated: May 15, 2012
`
`RLF1 602995Sv. 1
`
`
`
`Case 1:12-cv-00398-GMS Document 9 Filed 05/15/12 Page 4 of 4 PageID #: 80
`Case 1:12—cv—OO398—GMS Document 9 Filed 05/15/12 Page 4 of 4 Page|D #: 80
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 15, 2012, I caused to be filed the foregoing document
`
`with the Clerk of Court using CM/ECF, which will send notification of such filing to counsel of
`
`record, and served true and correct copies of the foregoing on the following counsel as indicated:
`
`BY ELECTRONIC MAIL
`
`Steven J. Balick
`
`Andrew Colin Mayo
`Tiffany Geyer Lydon
`Ashby & Geddes
`500 Delaware Avenue, 8th Floor
`PO. Box 1150
`
`Wilmington, DE 19899
`sbalick@ashby-geddes.com
`amayo@ashby—geddes.corn
`tlydon@ashby-geddescom
`
`Matthew D. Powers
`
`Steven S. Cherensky
`Paul T. Ehrlich
`
`Stefani C. Smith
`
`Robert L. Gerrity
`TENSEGRITY LAW GROUP LLP
`
`555 Twin Dolphin Drive, Suite 360
`Redwood Shores, CA 94065
`1natthew.powers@tensegritylawgroupcom
`Steven.cherensky@tensegritylawgroup.corn
`paul.ehrlich@tensegritylawgroup.corn
`stefani.srnith@tensegritylawgroup.corn
`robert.gerrity@tensegritylawgroup.corn
`
`/5! Elizabeth R. He
`
`Elizabeth R. He (#5345)
`he@rlf.com
`
`RLF1 60299S5v.
`
`I
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