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Case 2:12-cv-02828-JPM-tmp Document 52 Filed 12/05/13 Page 1 of 2 PageID 313
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`Civil Action No. 12-cv-02828-JPM-tmp
`
`JURY TRIAL DEMANDED
`
`SONY ELECTRONICS INC.,
`
`
`
`Defendant.
`
`
`
`
`DEFENDANT SONY ELECTRONICS INC.’S MOTION TO STAY PROCEEDINGS
`PENDING INTER PARTES REVIEW (WITH CERTIFICATE OF CONSULTATION)
`
`Defendant Sony Electronics Inc. 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 challenging the validity of U.S. Patent No. 6,771,290 (“the ’290 patent”). The facts and
`
`law supporting this relief are set forth in the accompanying memorandum.
`
`CERTIFICATE OF CONSULTATION
`
`I, Mark Vorder-Bruegge, Jr., attorney for Defendant Sony Electronics Inc., certify that
`
`my co-counsel, Paul T. Qualey, communicated with Counsel for Plaintiff, Dan Weinberg, on
`
`December 3, 2013 via telephone regarding Defendant’s intention to file the foregoing Motion,
`
`and conferred with him to determine whether the Plaintiff would agree to the relief sought, such
`
`that the Motion could be presented as unopposed. Mr. Weinberg advised that the Plaintiff is not
`
`opposed to a stay of this case so long as all litigation involving U.S. Patent Nos. 6,771,290 and
`
`6,628,314 is also stayed.
`
`/s/Mark Vorder-Bruegge, Jr.
`
`Mark Vorder-Bruegge, Jr.
`
`
`
`

`
`Case 2:12-cv-02828-JPM-tmp Document 52 Filed 12/05/13 Page 2 of 2 PageID 314
`
`
`
`
`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 Electronics Inc.
`
`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
`
`effecting service on counsel of record for all other parties who have appeared in this action on
`
`the date of such service.
`
`/s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
`
`
`
`
`
`
`
`61073662.1
`12/5/2013 1:27 pm
`
`-2-

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