In re Koninklijke Philips Patent Litigation

Mmsiacnhdaeoln Pat.o S@anvdeonnaabtloe .(caodmm itted pro hac vice) Rrsopbicekrte nSs.@ Pivcekneanbsl e(a.cdommit t e d pro hac vice) John D. Carlin (admitted pro hac vice) Sean M. McCarthy (admitted pro hac vice) [email protected] [email protected] Natalie Lieber (admitted pro hac vice) Joshua D. Calabro (admitted pro hac vice) [email protected] [email protected] Christopher M. Gerson (admitted pro hac vice) Stephen Yam (admitted pro hac vice) [email protected] [email protected] Jason M. Dorsky (admitted pro hac vice) Caitlyn N. Bingaman (admitted pro hac vice) [email protected] [email protected] Jonathan M. Sharret (admitted pro hac vice) [email protected] Daniel A. Apgar (admitted pro hac vice) [email protected] VENABLE LLP 1290 Avenue of the Americas New York, New York 10104-3800 Tel: (212) 218-2100 Fax: (212) 218-2200 Chris Holland (SBN 164053) [email protected] Lori L. Holland (SBN 202309) [email protected] Ethan Jacobs (SBN 291838) [email protected] HOLLAND LAW LLP 220 Montgomery Street, Suite 800 San Francisco, CA 94104 Tel: (415) 200-4980 Fax: (415) 200-4989 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No. 4:18-cv-01885-HSG-EDL IN RE KONINKLIJKE PHILIPS PATENT LITIGATION JOINT MOTION OF PHILIPS AND 24 YIFANG FOR FINAL STAY PENDING COMPLETION OF 25 SETTLEMENT AGREEMENT TERMS AND RESPONSE TO 26 OCTOBER 1, 2019 ORDER (DKT.

NO. 843); ORDER Defendant YiFang USA Inc. d/b/a/ E-Fun, Inc. (“YiFang”) have previously jointly moved the Court to stay the various pretrial preparation deadlines in these consolidated action solely as they pertained to the disputes between Philips and YiFang, for various lengths of time and various reasons pertaining to the parties’ settlement efforts, including in order to permit those parties to engage in settlement negotiations, and then preparation, completion, and ultimately execution of formal settlement documentation. The Court granted each of those joint motions. See Dkt. Nos. 647; 665; 697.

9 The parties are happy to report that despite their need to extend the stay -- due the international nature of the entities, and the multiple levels of review and approval required on both sides -- the time was well spent: they have now executed a final, binding settlement agreement.

12 However, as Philips and YiFang anticipated in their past joint filings might happen, there are indeed some post-execution aspects of that binding settlement agreement which must be performed before the Philips/YiFang case can be formally dismissed. Notably, the parties believe in good faith that those performance provisions should all be completed in advance of the first trial in these consolidated actions (Philips v. Microsoft), meaning that the additional – and final – stay now requested should not impact the balance of these consolidated actions in any way.

18 As previously stated, it is well-settled that a district court has discretionary power to stay proceedings in its own court. See Lockyer v. Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). In this instance, the parties believe in good faith that a further stay of proceedings is appropriate and in the interests of justice, in order to avoid unnecessary further litigation and to conserve judicial resources by permitting them to complete various terms required by the confidential settlement agreement without further involvement of, or burden upon, the Court, and without interference with any aspect of the remainder of these consolidated actions.

26 NOW, THEREFORE, Philips and YiFang hereby stipulate and respectfully request that the Court issue a final stay, and order that all remaining deadlines in these consolidated cases be stayed 24, 2020, in order for various terms of the confidential settlement to be completed, so that the Philips/YiFang case may be dismissed pursuant to stipulation. Should the parties for any reason fail to submit a stipulated dismissal of the claims at issue on or before January 24, 2020, counsel will meet and confer and approach the Court jointly for guidance and/or a further Case Management Conference at that time, if needed.

7 Dated: October 9, 2019 Respectfully submitted, Chris Holland (SBN 164053) /s/ Michael P. Sandonato Lori L. Holland (SBN 202309) Michael P. Sandonato (admitted pro hac vice) HOLLAND LAW LLP John S. Carlin (admitted pro hac vice) Montgomery Street, Suite 800 Christopher S. Gerson (admitted pro hac vice) San Francisco, CA 94104 Natalie D. Lieber (admitted pro hac vice) Telephone: (415) 200-4980 Jonathan M. Sharret (admitted pro hac vice) Fax: (415) 200-4989 Daniel A. Apgar (admitted pro hac vice) [email protected] Sean M. McCarthy (admitted pro hac vice) [email protected] Robert S. Pickens (admitted pro hac vice) Joyce L. Nadipuram (admitted pro hac vice) 13 Caitlyn N. Bingaman (admitted pro hac vice) 14 VENABLE LLP 1290 Avenue of the Americas 15 New York, New York, 10104 +1 (212) 218-2100 16 +1 (212) 218-2200 facsimile [email protected] Attorneys for Plaintiffs Koninklijke Philips 18 N.V. and U.S. Philips Corporation

/s/ Lucian C. Chen Lucian C. Chen (pro hac vice) Michael Song (Bar No. 243675) Wing K. Chiu (pro hac vice) LTL ATTORNEYS LLP LUCIAN C. CHEN, ESQ. PLLC 300 South Grand Avenue, 14th Floor One Grand Central Place Los Angeles, California, 90071 East 42nd Street, Suite 4600 +1 (213) 612-8900 New York, New York, 10165 +1 (213) 612-3773 facsimile +1 (212) 710-3007 [email protected] +1 (212) 501-2004 facsimile [email protected] Attorneys for Defendant YiFang USA, Inc. d/b/a E-Fun, Inc. I, Chris Holland, hereby attest that I have been authorized by counsel for the party listed above to execute this document on its behalf.

4 Dated: October 9, 2019 /s/ Chris Holland 5 Chris Holland ORDER 2 Having reviewed Plaintiffs Koninklijke Philips N.V. and U.S. Philips Corporation (collectively, “Philips”) and Defendant YiFang USA Inc. d/b/a/ E-Fun, Inc.’s (“YiFang”) Joint || Motion for Final Stay Pending Completion of Settlement Agreement Terms (“Motion for Stay”), © | and good cause being shown, 6 IT IS HEREBY ORDERED THAT: The Motion for Stay is GRANTED. All remaining deadlines solely as they pertain to the disputes between Philips and YiFang are stayed for a period up to and including Friday, January 24, | 2020.

41 | ITISSO ORDERED.

DATED: October 9, 2019 ods op fi 44 Hon. Haywood S. Gilliam, Jr. 7 United States District Judge JOINT MOTION OF PHILIPS AND YIFANG FOR FINAL STAY PENDING COMPLETION OF SETTLEMENT AGREEMENT TERMS AND RESPONSE TO OCTOBER |