`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`Civil Action No. 12-cv-02826-JPM-tmp
`
`JURY TRIAL DEMANDED
`
`SONY COMPUTER ENTERTAINMENT
`AMERICA, LLC,
`
`
`
`Defendant.
`
`
`
`
`DEFENDANT SONY COMPUTER ENTERTAINMENT AMERICA LLC’S
`MEMORANDUM IN SUPPORT OF ITS MOTION TO STAY PROCEEDINGS
`PENDING INTER PARTES REVIEW
`
`
`
`Defendant Sony Computer Entertainment America LLC (“SCEA”) respectfully moves
`
`this Court for a stay of the proceedings in the above captioned case pending resolution of the five
`
`petitions for inter partes review (“IPR”) challenging the validity of U.S. Patent No. 6,771,290
`
`(“the ’290 patent”). Plaintiff, B.E. Technology (“BET”) agrees that this case should be stayed
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`pending resolution of those IPRs, provided that all of the cases in this Court involving that patent
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`and/or related patent are also stayed. A stay should be granted because (i) there is a strong
`
`likelihood that some or all of the asserted claims in the ’290 patent will be found invalid by the
`
`USPTO and such a finding would moot these litigations and preserve judicial resources, (ii) a
`
`stay would allow the USPTO to apply its expertise in reassessing the scope and validity of the
`
`claims of the ’290 patent, (iii) a stay would not harm or prejudice BET as it has assented to a
`
`stay, and (iv) the defendants in virtually all related cases filed by BET will either move to stay
`
`their respective cases, or will not actively oppose entry of a stay in their cases.
`
`
`
`
`
`Case 2:12-cv-02826-JPM-tmp Document 54-1 Filed 12/05/13 Page 2 of 3 PageID 540
`
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`To eliminate the necessity of this Court reviewing what would otherwise be substantially
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`duplicative factual and legal argument, the facts and law supporting this relief are set forth in
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`detail in the memoranda and exhibits supporting the motions to stay filed in related actions by
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`defendants Samsung Telecommunications America, LLC, Case No. 2:12-cv-02824-JPM-tmp,
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`Doc. 63 (as corrected by Doc. 67 and Attachment 1 thereto), and Samsung Electronics America
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`Inc., Case No. 2:12-cv-02825-JPM-tmp, Doc. 66 (as corrected by Doc. 71 and Attachment 1
`
`thereto), (collectively, “Samsung”). SCEA incorporates those memoranda and their exhibits by
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`reference.
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`The various petitions for IPR demonstrate that there are strong factors in favor of finding
`
`the ’290 patent invalid. A stay is appropriate because a finding of invalidity during IPR
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`proceedings would moot all these litigations entirely at an early stage, by invalidating the claims
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`B.E. has asserted. Moreover, a stay would preserve judicial resources by ensuring that the
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`planned Markman hearing covered only claims that were found to be valid after completion of
`
`the IPRs, if any. Furthermore, regardless of the outcome, staying these cases will allow the
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`USPTO to apply its expertise in reassessing the scope and validity of the patents—before the
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`Court tasks itself and the parties with doing the same. Last, BET will not be unduly prejudiced
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`by any stay, since it has agreed to a stay.
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`For these reasons, as well as those discussed in Samsung’s motions and associated
`
`memoranda and exhibits, SCEA respectfully requests that the Court stay this litigation pending
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`resolution of the IPR petitions filed against the ’290 patent.
`
`
`
`
`
`
`
`Case 2:12-cv-02826-JPM-tmp Document 54-1 Filed 12/05/13 Page 3 of 3 PageID 541
`
`
`Respectfully submitted,
`
`/s/Mark Vorder-Bruegge, Jr.____
`Mark Vorder-Bruegge, Jr. (#06389)
`Glen G. Reid, Jr. (#8184)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Drive, Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`mvorder-bruegge@wyattfirm.com
`greid@wyattfirm.com
`
`
`
`OF COUNSEL
`
`/s/ John Flock ___
`John Flock (pro hac vice)
`jflock@kenyon.com
`Michael E. Sander (admission pending)
`msander@kenyon.com
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`212.425.7200
`
`Attorneys for Sony Computer Entertainment
`America LLC
`
`
`
`61074673.1
`12/5/2013 1:28 pm
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