Case No. 2:15-cv-09612-JVS (PJWx) Case No. 2:15-cv-09615-JVS (PJWx) This stipulation is entered into by and among Plaintiff Kinglite Holdings, Inc. (“Kinglite”) and Defendants GIGA-BYTE Technology Co., Ltd., G.B.T., Inc. (collectively, “GIGA-BYTE Defendants”), Micro-Star International Co., Ltd. and MSI Computer Corp. (collectively, “Micro-Star Defendants”), parties to the above- titled consolidated action, by and through their respective counsel of record, pursuant to Central District Local Rule 7-1: WHEREAS, Kinglite filed a Complaint for patent infringement against the GIGA-BYTE Defendants on December 14, 2015, Kinglite Holdings, Inc. v. GIGA- BYTE Technology Co., Ltd. et al, Case No. 2:14-CV-09615-JVS (PJWx) (“the GIGA-BYTE Litigation”), Doc. 1, asserting 16 patents (the “Patents in Suit”); WHEREAS, Kinglite filed its Complaint for patent infringement against the Micro-Star Defendants in this action on December 14, 2015 (“Micro-Star Litigation”), Doc. 1, asserting the same 16 Patents in Suit; WHEREAS, on February 29, 2016, this Court ordered the GIGA-BYTE Litigation consolidated with this action for purposes of discovery and claim construction pursuant to Federal Rule of Civil Procedure 42(a)(2) (GIGA-BYTE Litigation, Doc. 39); WHEREAS, the GIGA-BYTE Defendants and the Micro-Star Defendants must answer Kinglite’s Complaints in the consolidated case on or before March 21, 2016, and the Scheduling Conference in the consolidated case is set for April 4, 2016 at 10:30 a.m. (Doc. 40; GIGA-BYTE Litigation, Doc. 33); WHEREAS, the parties in this consolidated action are all parties to ongoing patent litigation pending before this Court, Kinglite Holdings, Inc. v. Micro-Star International Co., Ltd., et al, Case No. 14-cv-03009-JVS (PJWx), consolidated with Case No. 14-cv-04989-JVS (PJWx) (the “03009 Action”);
Case No. 2:15-cv-09612-JVS (PJWx) Case No. 2:15-cv-09615-JVS (PJWx) WHEREAS, Kinglite asserts a total of 25 Patents in the 03009 Action against the Micro-Star Defendants, GIGA-BYTE Defendants and American Megatrends, Inc. (“AMI”) (03009 Action, Docs.
40, 97); WHEREAS, the scope of accused products in the 03009 Action is substantially similar to the accused products in this action, such that the accused products in this action can be asserted in the 03009 Action; WHEREAS, the parties agree that there are overlapping issues of law and fact between this consolidated action and the 03009 Action, such that the 03009 Actionis likely to resolve at least some claims, issues and questions of law that are likely to be at issue in this action, including whether certain of the Patents in Suit are valid; WHEREAS, a stay of this action pending the resolution of the 03009 Action will promote efficiency, to the extent these claims, issues and questions of law may be resolved during the course of the 03009 Action; and WHEREAS, no party will be harmed by the issuance of a stay of this action, and instead a stay will allow the parties to avoid the expense and time associated with contemporaneous litigation; IT IS SO STIPULATED between all parties, by and through their undersigned attorneys, that upon approval of the Court, which approval the parties respectfully request:
Case No. 2:15-cv-09612-JVS (PJWx) Case No. 2:15-cv-09615-JVS (PJWx) (1) All further proceedings in this consolidated action, including the Defendants’ answer deadlines in this consolidated action, all scheduling requirements set forth in the Federal Rule of Civil Procedure, the Local Rules for the Central District of California, discovery, pre-trial motions and trial, shall be stayed until further order of this Court, pending final resolution of Kinglite Holdings, Inc. v. Micro-Star International Co., Ltd., et al, Case No. 14-cv-03009- JVS (PJWx).
(3) Kinglite may include the products accused of infringement in these cases as part of its infringement contentions in Phase 2, as well as any subsequent phase of the 03009 Action.