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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`Civil Action No. 2:14-cv-10292-AC-RSW
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`Honorable Avern Cohn
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`HEWLETT-PACKARD CO.,
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`Plaintiff,
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`v.
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`CHRIMAR SYSTEMS INC.
`d/b/a CMS TECHNOLOGIES,
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`Defendant.
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`STIPULATED ORDER TEMPORARILY STAYING CASE
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`The Court takes judicial notice of the pendency of Civil Action No. 4:13-cv-01300-JSW
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`in the Northern District of California (“California Action”), a patent infringement action in
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`which all parties in this case are also parties, which has been pending since 2011 and involves
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`assertion of a patent that is related to the patent-in-suit in this action. The Court has further been
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`advised by the parties that resolution of the California Action is likely to assist the parties in
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`resolving this case, thereby potentially conserving judicial and party resources. Accordingly,
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`upon the below stipulation of the parties, IT IS HEREBY ORDERED that:
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`1.
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`2.
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`This case is stayed until further order of the Court.
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`Briefing and decision on Defendant's pending Motion to Dismiss Pursuant to Fed.
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`R. Civ. P. 12(b)(1) or, in the Alternative, Motion to Stay (Dkt. No. 12) (“Defendant’s Motion”) is
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`hereby deferred until further order of the Court after the stay is lifted. Plaintiff need not file
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`papers responding to Defendant’s Motion until further order of the Court.
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`3.
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`During the stay, any party may petition the Court for a status conference to
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`discuss lifting the stay or to set a briefing schedule regarding any request to lift the stay.
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`1
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`CHRIMAR 2002
`IPR2018-00032
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`2:14-cv-10292-AC-RSW Doc # 17 Filed 09/05/14 Pg 2 of 3 Pg ID 241
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`4.
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`The parties shall jointly keep the Court informed as to events in the California
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`Action impacting the stay in this case including through joint filings to be submitted to the Court
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`no less frequently than every 90 days. Furthermore, and to the extent it is not lifted earlier, unless
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`the parties specifically agree or this Court orders otherwise, the stay will be lifted when a
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`decision, order or judgment from which an appeal lies is given in the California Action, at the
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`time at which an immediate right to appeal exists.
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`5.
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`Neither the below stipulation, the entry of this order, nor the stay themselves,
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`individually or collectively, may be used against Plaintiff in any way, including but not limited
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`to in support of Defendant’s Motion, in support of an argument that the Court does not have
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`Declaratory Judgment jurisdiction over this case, or in support of any request to transfer this
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`action to any other court.
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`6.
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`Neither the below stipulation, the entry of this order, nor the stay themselves,
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`individually or collectively, may be used against Defendant in any way, including but not limited
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`to in support of any argument that the Court has Declaratory Judgment jurisdiction over this
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`case, or in support of or in opposition to any request to transfer this action to any other court;
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`and the stipulation, the entry of this order and the stay shall not themselves, individually or
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`collectively, constitute an acknowledgment by Defendant that the Court has Declaratory
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`Judgment jurisdiction over this case or that venue is appropriate in the Eastern District of
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`Michigan.
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`SO ORDERED.
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`Dated: September 5, 2014
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`s/Avern Cohn
`HONORABLE AVERN COHN
`UNITED STATES DISTRICT COURT JUDGE
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`2
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`CHRIMAR 2002
`IPR2018-00032
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`2:14-cv-10292-AC-RSW Doc # 17 Filed 09/05/14 Pg 3 of 3 Pg ID 242
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`SO STIPULATED:
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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
`Facsimile:
`313.961.0388
`E-mail:
`fherrmann@kerr-russell.com
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`DAVID H. DOLKAS
`DARRYL J. ONG
`McDermott Will & Emery LLP
`275 Middlefield Road
`Suite 100
`Menlo Park, California 90071
`Telephone:
`650.815.7415
`Facsimile:
`650.815.7401
`E-mail:
`ddolkas@mwe.com
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`dong@mwe.com
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`Of Counsel:
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`ROBERT J. WALTERS
`McDermott Will & Emery LLP
`500 North Capitol St., NW
`Washington, DC 20001
`Telephone:
`202.756.8138
`Facsimile:
`202.756.8087
`E-mail:
`rwalters@mwe.com
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`Attorneys for Plaintiff Hewlett-Packard Co.
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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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`3
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`CHRIMAR 2002
`IPR2018-00032
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