Speedtrack, Inc. v. Wal-Mart Stores, Inc.

Full title: SPEEDTRACK, INC., Plaintiff, v. WAL-MART STORES, INC., THE HERTZ…

Court: United States District Court, N.D. California, San Francisco Division

Date published: Jan 27, 2009

Case No. 06-CV-07336-PJH (N.D. Cal. Jan. 27, 2009)

Opinion

Case No. 06-CV-07336-PJH.

January 27, 2009

HENNIGAN, BENNETT DORMAN LLP, Roderick G. Dorman (SBN 96908), Alan P. Block (SBN 143783), Marc Morris (SBN 183728), Omer Salik (SBN 223056), Los Angeles, California, Attorneys for Plaintiff, SPEEDTRACK, INC.

[ PROPOSE D] ORDER GRANTING PLAINTIFF SPEEDTRACK, INC.'S REQUEST FOR JUDICIAL NOTICE OF THE U.S. PATENT AND TRADEMARK OFFICE'S DECISION ON ENDECA'S REQUEST FOR REEXAMINATION [FED.R.EVID. 201]

PHYLLIS HAMILTON, District JudgePage 2

Having considered Plaintiff SpeedTrack, Inc.'s request, pursuant to Fed.R.Evid. 201, to take judicial notice of the fact that the United States Patent and Trademark Office recently determined that the Kleinberger prior art reference does not raise any new substantial question of patentability of U.S. Patent No. 5,544,360, as set forth in the Decision on Request for Reexamination dated January 12, 2009, and finding good cause thereon, the Court hereby GRANTS SpeedTrack's request and takes judicial notice of such fact.

IT IS SO ORDERED.

PROOF OF SERVICE

I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action; my business address is 865 South Figueroa Street, Suite 2900, Los Angeles, California 90017.

On January 21, 2009, all counsel of record who are registered ECF users were served with a copy of the foregoing document described as [PROPOSED] ORDER GRANTING PLAINTIFF SPEEDTRACK, INC.'S REQUEST FOR JUDICIAL NOTICE OF THE U.S. PATENT AND TRADEMARK OFFICE'S DECISION ON ENDECA'S REQUEST FOR REEXAMINATION via the Electronic Case Filing Program of the United States District Court for the Northern District of California per Local Rule 5-3.3.

The above-described document was also served on the parties indicated below, by FedEx only:

Chambers of the Hon. Phyllis J. Hamilton

USDC, San Francisco Division

Attn: Regarding SpeedTrack Litigation

450 Golden Gate Avenue

San Francisco, CA 94102-3483

Executed on January 21, 2009, at Los Angeles, California.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.