`2:15-cv-10814-AC-RSW Doc # 9 Filed 04/24/15 Pg 1 of 3 Pg ID 253
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION — DETROIT
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`HEWLETT-PACKARD CO.,
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`Plaintiff,
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`) Civil Action No. 2:15-cv-10814-AC-RSW
`)
`) Honorable Avern Cohn
`)
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`CHRIMAR SYSTEMS INC._) APR 24 2015
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`d/b/a CMS TECHNOLOGIES,
`+)
`CLE
`J
`RK'S OFFICE
`U,S, DISTRRICT COURT
`)
`EASTERN MICHIGAN
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`Defendant.
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`y
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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 patents-in-suit in this action. The Court has further
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`been 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. Further, this
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`Court has already issued a Stay in Civil Action No. 2:14-cv-10292-AC-RSW involving the same
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`parties. The present Stipulation is consistent with the Stay in that Civil Action. Accordingly,
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`upon the below stipulation of the parties, IT IS HEREBY ORDEREDthat:
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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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`Defendant's Response (by way of Motion, Answer or otherwise to plead) to the
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`Complaint is hereby deferred until further order of the Court after the stay is lifted.
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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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`discusslifting the Stay or to set a briefing schedule regarding any requesttolift the Stay.
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`CHRIMAR 2002
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`IPR2018-00033
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`CHRIMAR 2002
`IPR2018-00033
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`
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`2:15-cv-10814-AC-RSW Doc#9 Filed 04/24/15 Pg2of3 PgID254
`2:15-cv-10814-AC-RSW Doc # 9 Filed 04/24/15 Pg 2 of 3 Pg ID 254
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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 throughjointfilings to be submitted to the Court
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`no less frequently than every ninety (90) days and at the same time that it informs the Court
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`pursuant to the Stay Order entered in Civil Action No. 2:14-cv-10292-AC-RSW.Furthermore,
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`and to the extentit is not lifted earlier, unless the parties specifically agree or this Court orders
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`otherwise, the Stay will be lifted when a decision, order or judgment from which an appeallies is
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`given in the California Action, at the time at which an immediate right to appealexists.
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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 an argumentthat the Court does not have Declaratory Judgmentjurisdiction over
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`this case or in support of any request to transfer this 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 butnot 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
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`that
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`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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`—Deeeh
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`Dated: {fay hx
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`HONORABLE AVERN COHN
`UNITED STATES DISTRICT COURT JUDGE
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`CHRIMAR 2002
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`IPR2018-00033
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`CHRIMAR 2002
`IPR2018-00033
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`
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`2:15-cv-10814-AC-RSW Doc#9 Filed 04/24/15 Pg3of3 PgID255
`2:15-cv-10814-AC-RSW Doc # 9 Filed 04/24/15 Pg 3 of 3 Pg ID 255
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`SO STIPULATED:
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`Dated: April 23, 2015
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`By: /4s/ Fred K. Herrmann
`FRED K. HERRMANN (P49519)
`ANNAVALK(P77578)
`Kerr, Russell And Weber, PLC
`500 Woodward Avenue, Suite 2500
`Detroit, Michigan 48226
`Telephone:
`313.961.0200
`Facsimile:
`313.961.0388
`E-mail:
`fherrmann@kerr-russell.com
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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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`Attorneysfor PlaintiffHewlett-Packard Co.
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`Attorneys for Defendant ChriMar Systems, Inc.
`d/b/a CMS Technologies
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`CHRIMAR 2002
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`IPR2018-00033
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`CHRIMAR 2002
`IPR2018-00033
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`