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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`B.E. TECHNOLOGY, LLC,
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`Plaintiff,
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`Case No. 2:12-cv-02767-JPM-tmp
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`JURY DEMAND
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`)))))))))))
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`AMAZON DIGITAL SERVICES, INC.
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`v.
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`Defendant.
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`DEFENDANT AMAZON DIGITAL SERVICES, INC.’S MOTION TO STAY
`PROCEEDINGS PENDING RESOLUTION OF MOTION TO TRANSFER VENUE
`(WITH CERTIFICATE OF CONSULTATION)
`Defendant Amazon Digital Services, Inc. (“Amazon”) respectfully moves for a stay of all
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`proceedings in this action, including proceedings called for in the Local Patent Rules, pending
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`the Court’s ruling on Amazon’s Motion to Transfer Venue to the United States District Court for
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`the Northern District of California. (Dkt. 43.) The Federal Circuit has explained that any pro-
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`ceedings on the merits should take place in the proper forum and has suggested that in situations
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`such as here, where the parties have sought transfer to a more convenient forum, the district court
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`should stay all proceedings pending resolution of the motions to transfer. See, e.g., In re Fusion-
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`IO, 2012 U.S. LEXIS 26311 (Fed. Cir. Dec. 21, 2012) (non-precedential). The grounds for this
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`motion are set forth in the attached Memorandum of Facts and Law.
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`As set forth in the Certificate of Consultation below, Plaintiff has advised that while it
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`cannot consent to this motion, it will not actively oppose it.
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`Case 2:12-cv-02767-JPM-tmp Document 44 Filed 02/12/13 Page 2 of 3 PageID 475
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`Respectfully submitted,
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr. (#06389)
`Glen G. Reid, Jr. (#8184)
`mvorder-bruegge@wyattfirm.com
`greid@wyattfirm.com
`WYATT, TARRANT & COMBS, LLP
`The Renaissance Center
`1715 Aaron Brenner Dr., Suite 800
`Memphis, TN 38120-4367
`(901) 537-1000
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`-and-
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`J. David Hadden
`dhadden@fenwick.com
`Darren F. Donnelly
`ddonnelly@fenwick.com
`Saina S. Shamilov
`sshamilov@fenwick.com
`Ryan J. Marton
`rmarton@fenwick.com
`Clifford Webb
`cwebb@fenwick.com
`Justin Hulse
`jhulse@fenwick.com
`FENWICK & WEST LLP
`801 California Street, 6th Floor
`Mountain View, CA 94041
`(650) 988-8500
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`Attorneys for Defendant
`AMAZON DIGITAL SERVICES, INC.
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`Case 2:12-cv-02767-JPM-tmp Document 44 Filed 02/12/13 Page 3 of 3 PageID 476
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`CERTIFICATE OF CONSULTATION
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`The undersigned attorney hereby certifies that prior to the filing of the foregoing motion,
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`substantive consultation was held between the undersigned and Richard Carter, counsel for
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`plaintiff B.E. Technology, over multiple days culminating in a telephone discussion on February
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`7, 2013. At that time, B.E. Technology indicated that it would continue to oppose stay motions
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`of the foregoing type in this and related cases. On the next afternoon, the Court granted several
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`virtually identical motions for stay in related cases, and the undersigned re-contacted Mr. Carter
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`to determine whether plaintiff would reconsider. At 3:16 p.m. on February 11, Mr. Carter ad-
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`vised that in light of the Court’s rulings on the other stay motions, plaintiff cannot consent to, but
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`“will not actively oppose” this stay motion.
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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`CERTIFICATE OF SERVICE
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`The foregoing document was filed under the Court’s CM/ECF system, automatically ef-
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`fecting service on counsel of record for all other parties who have appeared in this action on the
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`date of such service.
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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`60324349.1
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`-3-