Attorney(s) appearing for the Case
Silver State Intellectual Technologies, Inc., Plaintiff, represented by F. Christopher Austin , Weide & Miller, Ltd..
Silver State Intellectual Technologies, Inc., Plaintiff, represented by R. Scott Weide , Weide & Miller, Ltd., Edward C. Johnson , Attorney at Law & Frederick S. Berretta , Knobbe, Martens, Olson & Bear, LLP, pro hac vice.
Facebook Inc., Defendant, represented by Heidi Keefe , Cooley LLP, Lowell D. Mead , Cooley LLP, Mark R. Weinstein , Cooley LLP, Philip H. Mao , Cooley LLP & Justin James Bustos , Dickinson Wright PLLC.
STIPULATION AND JOINT REQUEST TO TRANSFER ACTION TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA; [
PROPOSED ] ORDER THEREON
RICHARD F. BOULWARE, II, District Judge.
WHEREAS plaintiff Silver State Intellectual Technologies, Inc. ("Plaintiff") filed this suit for alleged patent infringement on March 1, 2017;
WHEREAS defendant Facebook, Inc. ("Defendant") filed a motion on May 15, 2017 seeking, among other things, transfer of this action to the U.S. District Court for the Northern District of California pursuant to 28 U.S.C. § 1400(b) and 28 U.S.C. § 1406 [ECF No. 14];
WHEREAS on May 19, 2017, Plaintiff filed a First Amended Complaint [ECF No. 17];
WHEREAS on May 22, 2017, the United States Supreme Court decision handed down TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017), with respect to the proper venue in patent infringement cases under 28 U.S.C. § 1400(b); and
WHEREAS in light of the Supreme Court's decision in TC Heartland, the parties have agreed to transfer this action to the U.S. District Court for the Northern District of California;
NOW THEREFORE, Plaintiff and Defendant, through their respective counsel of record, hereby stipulate and request that the Court order as follows:
1. This action is hereby TRANSFERRED to the U.S. District Court for the Northern District of California pursuant to 28 U.S.C. § 1406(a); and
2. Defendant shall have until fourteen (14) days after completion of the transfer to the Northern District of California to answer or otherwise respond to the Amended Complaint.
IT IS SO STIPULATED.
IT IS SO ORDERED.