Opinion
CASE NO. 12-06195 EM
03-25-2013
PRAGMATUS TELECOM, LLC, Plaintiff, v. TREND MICRO INCORPORATED, Defendant.
ELIZABETH DAY (SBN 177125) IAN N. FEINBERG (SBN 88234 DAVID ALBERTI (SBM 220625) SAL LIM (SBM 211836) YAKOV ZOLOTOREV (SBM 224260) MARC BELLOLI (SBN 244290) FEINBERG DAY ALBERTI & THOMPSON LLP Attorneys for Plaintiff PRAGMATUS TELECOM, LLC YAR R. CHAIKOVSKY (SBN: 175421) D. STUART BARTOW (SBN: 233107) McDERMOTT WILL & EMERY LLP Attorneys for Defendant TREND MICRO INCORPORATED
ELIZABETH DAY (SBN 177125)
IAN N. FEINBERG (SBN 88234
DAVID ALBERTI (SBM 220625)
SAL LIM (SBM 211836)
YAKOV ZOLOTOREV (SBM 224260)
MARC BELLOLI (SBN 244290)
FEINBERG DAY ALBERTI &
THOMPSON LLP
Attorneys for Plaintiff
PRAGMATUS TELECOM, LLC
YAR R. CHAIKOVSKY (SBN: 175421)
D. STUART BARTOW (SBN: 233107)
McDERMOTT WILL & EMERY LLP
Attorneys for Defendant
TREND MICRO INCORPORATED
JOINT STIPULATION
Pragmatus Telecom, LLC ("Pragmatus") and Trend Micro Incorporated ("Trend Micro"), hereby agree and stipulate as follows:
1. Pragmatus has brought the above-captioned patent infringement action (the "Action") accusing Trend Micro of infringing three patents identified in the Complaint by providing live chat services over the Internet (referred to herein as the "Live Chat Services").
2. Trend Micro represents that any Live Chat Services it has used in the United States during the six years prior to the filing of the Complaint and subsequent to the filing of the Complaint - have been provided by LogMeIn Inc. and LivePerson Inc.
3. On November 21, 2012, LogMeIn filed a declaratory judgment action against Pragmatus, captioned LogMeIn Inc. v. Pragmatus Telecom, LLC (No. 1:12-cv-01507-RGA) (the "LogMeIn Declaratory Judgment Action"), which is currently pending before the District of Delaware, and in which LogMeIn seeks judgments of (1) non-infringement of the patents-in-suit by LogMeIn technology, and (2) invalidity of the patent-in-suit.
6. Pragmatus represents that it anticipates resolution of the LogMeIn Declaratory Judgment Action in the near future, and both Pragmatus and Trend Micro anticipate that the resolution of the LogMeIn Declaratory Judgment Action will resolve this Action with respect to Trend Micro's use of LogMeIn technology.
7. In light of the foregoing, Pragmatus and Trend Micro further stipulate and agree, subject to the approval of the Court, that this Action shall be stayed until at least April 26, 2013 in order to permit sufficient time for the LogMeIn Declaratory Judgment Action to resolve and for the parties to resolve any other remaining issues.
8. Pragmatus and Trend Micro will apprise the Court in advance of April 26, 2013 of any future developments that would affect the agreed-upon stay and whether to continue the stay beyond April 26, 2013.
9. In light of the foregoing, Pragmatus and Trend Micro do not believe that ADR needs to be selected at this time.
FEINBERG DAY ALBERTI & THOMPSON LLP
By Marc Belloli
Elizabeth Day
Ian Feinberg
David Alberti
Sal Lim
Yakov Zolotorev
Marc Belloli
Attorneys for Plaintiff
PRAGMATUS TELECOM, LLC
McDERMOTT WILL & EMERY LLP
By D. Stuart Bartow
Yar R. Chaikovsky
D. Stuart Bartow
Attorneys for Defendant
TREND MICRO INCORPORATED
_____________________
Judge Edward M. Chen
Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the concurrence in the filing of this document from all the signatories for whom a signature is indicated by a “conformed” signature (/s/) within this e-filed document and I have on file records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request.
By _____________________
Marc Belloli