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`Document 198 Filed 11/03/09
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`556
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`Civ No 06-495-SLR
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`QLIINSTREET INC
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`Plaintiff
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`PARALLEL NETWORKS LLC
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`Defendant
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`QUINSTREET INC
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`Third-Party Plaintiff
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`MICROSOFT CORPORATION
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`Third-Party Defendant
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`ORDER
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`At Wilmington this 3rd day of November 2009 having reviewed defendants
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`motion to dismiss or in the alternative to transfer and the papers filed in connection
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`therewith
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`IT IS ORDERED that
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`the motion D.l 171 to sever and transfer Microsoft
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`Corporations declaratory judgment action against Parallel Networks LLC to the
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`Eastern District of Texas is granted The motion insofar as it seeks dismissal
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`is
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`denied Although
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`continue to be amazed by the energy and resources expended on
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`motions to transfer and believe that the way this litigation has unfolded would warrant
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`Petitioner IBM – Ex. 1051, p. 1
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`
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`Case 209-cv-00345-MHS-CMC
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`Document 198 Filed 11/03/09
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`jurisdiction in Delaware nevertheless under the circumstances presently existing in this
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`court1 and the undeniable fact
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`that the Eastern District of Texas is an appropriate
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`venue2
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`conclude that Microsofts declaratory judgment action should be severed and
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`transferred to the Eastern District of Texas The indemnity claim of Quinstreet against
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`Microsoft shall be stayed pending further order of the court
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`tatestricdgH
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`1A judicial vacancy for almost three years
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`2Judge Folsorn has pending before him the related Parallel Networks case
`against Microsoft has construed the claims of the two patents-in-suit in prior litigation
`and has before him an additional Parallel Networks case involving the same two
`patents
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`Petitioner IBM – Ex. 1051, p. 2
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