`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`Civil Action No. 2:12-cv-2829 JPM
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`B.E. Technology, L.L.C.,
`
`
`
`
`
`Plaintiff,
`
`
`v.
`
`MICROSOFT CORPORATION,
`
`
`
`Defendant.
`
`
`
`
`MICROSOFT CORPORATION’S MOTION TO STAY PROCEEDINGS
`PENDING RESOLUTION OF MICROSOFT’S MOTION TO TRANSFER
`
`Defendant Microsoft Corporation (“Microsoft”) respectfully moves this Court to stay all
`
`other proceedings in this matter—including Local Patent Rule disclosures and fact discovery—
`
`pending resolution of Microsoft’s Motion to Transfer Venue to the Western District of
`
`Washington, or in the Alternative, to the Northern District of California. The Federal Circuit has
`
`indicated that a promptly filed motion to transfer under §1404(a), along with a motion to stay
`
`proceedings pending disposition of the transfer motion should be acted on promptly and before
`
`proceeding the merits of the action. Fusion-IO, Inc., No. 12-139, 2012 WL 6634939 (Fed. Cir.
`
`Dec. 21, 2012); In re EMC Corp, Misc. No. 142, 2013 WL 324154 (Fed. Cir. Jan. 29, 2013).
`
`In accordance with the Local Rules of this Court, Microsoft is filing herewith a
`
`Memorandum of Law, a Certificate of Consultation, and a Proposed Order granting the relief
`
`requested herein.
`
`
`
`
`
`Case 2:12-cv-02829-JPM-tmp Document 40 Filed 02/08/13 Page 2 of 3 PageID 450
`
`Dated: February 8, 2013
`
`
`
`
`
`Respectfully submitted,
`
`s/ Leeron G. Kalay
`
`
`
`
`
`
`
`Kelly C. Hunsaker (CA Bar No. 168307)
`Leeron G. Kalay (CA Bar No. 23359)
`FISH & RICHARDSON P.C.
`500 Arguello Street, Suite 500
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`E:mail: hunsaker@fr.com
` kalay@fr.com
`
`Bradley E. Trammell (TN #13980)
`Adam Baldridge (TN #023488)
`Baker, Donelson, Bearman, Caldwell &
`Berkowitz, P.C.
`165 Madison Avenue, Suite 2000
`Memphis, TN 38103
`Telephone: 901.577.2121
`Email: btrammell@bakerdonelson.com
` abaldridge@bakerdonelson.com
`
`
`Attorneys for Defendant
`MICROSOFT CORPORATION
`
`2
`
`
`
`Case 2:12-cv-02829-JPM-tmp Document 40 Filed 02/08/13 Page 3 of 3 PageID 451
`
`
`
`CERTIFICATE OF CONSULTATION
`
`
`
`Pursuant to Local Rule 7.2(a)(1)(B), I hereby certify that on February 8, 2013, Leeron
`Kalay, counsel for Defendant Microsoft Corporation, consulted via telephone with counsel for
`Plaintiff B.E. Technology, L.L.C., Craig Kaufman, who informed Mr. Kalay that Plaintiff
`opposes this Motion.
`
`
`s/ Leeron G. Kalay
`
`
`
`
`
`
`
`3
`
`CERTIFICATE OF SERVICE
`I hereby certify that on February 8, 2013, a true and correct copy of the foregoing
`document was electronically filed with the United States District Court for the Western District
`of Tennessee, and was served on all counsel by the court’s electronic filing notification or via
`email.
`
`
`s/ Leeron G. Kalay
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
