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Case 2:15-cv-10817-AC-RSW ECF No. 12 filed 06/02/15 PageID.172 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`) Civil Action No. 2:15-cv-10817-AC-RSW
`)
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`) Honorable Avern Cohn
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`CISCO SYSTEMS, INC.
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`v.
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`CHRIMAR SYSTEMS INC.
`d/b/a CMS TECHNOLOGIES,
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`Plaintiff,
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`Defendant.
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`JOINT STATUS REPORT
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`In accordance with Paragraph 4 of the Court’s April 24, 2015 Order
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`temporarily staying this action in view of a patent litigation currently pending
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`between the parties in California (Dkt. No. 10), Plaintiff Cisco Systems, Inc.
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`(“Cisco”) and Defendant ChriMar Systems Inc. d/b/a CMS Technologies
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`(“ChriMar”) submit this Joint Status Report1 to update the Court on the current
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`status of Civil Action No. 4:13-cv-01300-JSW pending between the parties in the
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`United States District Court for the Northern District of California (“California
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`Action”). The parties respectfully submit that the current status of the California
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`Action, described below, should not impact the stay ordered in this case on April
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`1 The parties are filing their first Joint Status Report in this action in accordance with Paragraph 4 of the Court’s
`Stipulated Order Temporarily Staying Case (see Dkt. No. 10) because the parties are also concurrently filing their
`Joint Status Report due in Civil Action No. 2:14-cv-10290-AC-RSW, which involves Cisco and ChriMar and is also
`stayed pursuant to a stay order that was entered in that action (see Dkt. No. 16 in Civil Action No. 2:14-cv-10290-
`AC-RSW).
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`{36669/1/DT955398.DOCX;1}
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`1
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`Case 2:15-cv-10817-AC-RSW ECF No. 12 filed 06/02/15 PageID.173 Page 2 of 3
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`24, 2015, and that a continuing stay of this action is warranted.
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`The parties respectfully bring the following events in the California Action
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`to the Court’s attention:
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` The court in the California Action issued its Claim Construction Order on
`March 18, 2015. See Dkt. No. 254.
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` The parties to the California Action subsequently met and conferred and
`then submitted a Joint Case Management Report Pursuant To Patent
`Standing Order ¶ 13 on April 3, 2015. See Dkt. No. 256.
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` The parties are awaiting further direction from the court with respect to their
`Joint Case Management Report, including whether the court will schedule a
`case management conference and/or issue an order regarding the parties’
`positions presented in the Joint Case Management Report (see Dkt. No.
`256).
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` On April 15, 2015, ChriMar filed a Motion For Leave To Amend Its
`Infringement Contentions To Cisco and HP Pursuant To Patent L.R. 3-6.
`See Dkt. No. 257. On May 14, 2015, the Magistrate Judge granted
`ChriMar’s motion in a Report & Recommendation Re: Motion For Leave To
`Amend Infringement Contentions. See Dkt. No. 261.
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`The parties will continue to update the Court regarding developments in the
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`California Action in accordance with Paragraph 4 of this Court’s April 24, 2015
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`Order (Dkt. No. 10).
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`{36669/1/DT955398.DOCX;1}
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`2
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`Case 2:15-cv-10817-AC-RSW ECF No. 12 filed 06/02/15 PageID.174 Page 3 of 3
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`Respectfully submitted on June 2, 2015 by:
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`By: /s/ Fred K. Herrmann
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`FRED K. HERRMANN (P49519)
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`
`Kerr, Russell And Weber, PLC
`500 Woodward Avenue, Suite 2500
`Detroit, Michigan 48226
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`Telephone: 313.961.0200
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`Facsimile: 313.961.0388
`E-mail: fherrmann@kerr-russell.com
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`MICHAEL W. DE VRIES
`Kirkland & Ellis LLP
`333 South Hope Street
`Los Angeles, California 90071
`Telephone: 213.680.8400
`Facsimile: 213.680.8500
`E-mail: michael.devries@kirkland.com
`
`STEVEN CHERNY
`JAMES E. MARINA
`BRIAN PAUL GEARING
`Kirkland & Ellis LLP
`601 Lexington Avenue
`New York, New York 10022
`Telephone: 212.446.4800
`Facsimile: 212.446.4900
`E-mail: steven.cherny@kirkland.com
` james.marina@kirkland.com
` brian.gearing@kirkland.com
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`Attorneys for Plaintiffs Cisco Systems,
`Inc.
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`By: /s/ Richard W. Hoffmann
`RICHARD W. HOFFMANN (P42352)
`Reising Ethington PC
`755 W. Big Beaver Road, Suite 1850
`Troy, Michigan 48084
`Telephone: 248.689.3500
`Facsimile: 248.689.4071
`E-mail: hoffmann@reising.com
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`Attorneys for Defendant ChriMar
`Systems d/b/a CMS Technologies
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`{36669/1/DT955398.DOCX;1}
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`3
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