In Re Koninklijke Philips Patent Litigation

Opinion

Mmsiacnhdaeoln Pat.o S@anvdeonnaabtloe .(caodmm itted pro hac vice) Rrsopbicekrte nSs.@ Pivcekneanbsl e(a.cdommit t e d pro hac vice) 2 John D. Carlin (admitted pro hac vice) Sean M. McCarthy (admitted pro hac vice) jcarlin@venable.com smccarthy@venable.com 3 Natalie Lieber (admitted pro hac vice) Joshua D. Calabro (admitted pro hac vice) ndlieber@venable.com jdcalabro@venable.com 4 Christopher M. Gerson (admitted pro hac vice) Stephen Yam (admitted pro hac vice) cgerson@venable.com syam@venable.com 5 Jason M. Dorsky (admitted pro hac vice) Caitlyn N. Bingaman (admitted pro hac vice) jmdorsky@venable.com cnbingaman@venable.com 6 Jonathan M. Sharret (admitted pro hac vice) jsharret@venable.com 7 Daniel A. Apgar (admitted pro hac vice) dapgar@venable.com 8 VENABLE LLP 9 1290 Avenue of the Americas New York, New York 10104-3800 10 Tel: (212) 218-2100 Fax: (212) 218-2200 11 Chris Holland (SBN 164053) 12 cholland@hollandlawllp.com Lori L. Holland (SBN 202309) 13 lholland@hollandlawllp.com Ethan Jacobs (SBN 291838) 14 ejacobs@hollandlawllp.com

15 HOLLAND LAW LLP 16 220 Montgomery Street, Suite 800 San Francisco, CA 94104 17 Tel: (415) 200-4980 Fax: (415) 200-4989 18 Attorneys for Plaintiffs 19 UNITED STATES DISTRICT COURT OAKLAND DIVISION 21

22 Case No. 4:18-cv-01885-HSG-EDL 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 27 28 1 2 Defendant YiFang USA Inc. d/b/a/ E-Fun, Inc. (“YiFang”) have previously jointly moved the Court 3 to stay the various pretrial preparation deadlines in these consolidated action solely as they pertained 4 to the disputes between Philips and YiFang, for various lengths of time and various reasons 5 pertaining to the parties’ settlement efforts, including in order to permit those parties to engage in 6 settlement negotiations, and then preparation, completion, and ultimately execution of formal 7 settlement documentation. The Court granted each of those joint motions. See Dkt. Nos. 647; 665; 8 697. 9 The parties are happy to report that despite their need to extend the stay -- due the 10 international nature of the entities, and the multiple levels of review and approval required on both 11 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 13 indeed some post-execution aspects of that binding settlement agreement which must be performed 14 before the Philips/YiFang case can be formally dismissed. Notably, the parties believe in good faith 15 that those performance provisions should all be completed in advance of the first trial in these 16 consolidated actions (Philips v. Microsoft), meaning that the additional – and final – stay now 17 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 19 proceedings in its own court. See Lockyer v. Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) 20 (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). In this instance, the parties 21 believe in good faith that a further stay of proceedings is appropriate and in the interests of justice, in 22 order to avoid unnecessary further litigation and to conserve judicial resources by permitting them to 23 complete various terms required by the confidential settlement agreement without further 24 involvement of, or burden upon, the Court, and without interference with any aspect of the 25 remainder of these consolidated actions. 26 NOW, THEREFORE, Philips and YiFang hereby stipulate and respectfully request that the 27 Court issue a final stay, and order that all remaining deadlines in these consolidated cases be stayed 28 2 2 24, 2020, in order for various terms of the confidential settlement to be completed, so that the 3 Philips/YiFang case may be dismissed pursuant to stipulation. Should the parties for any reason fail 4 to submit a stipulated dismissal of the claims at issue on or before January 24, 2020, counsel will 5 meet and confer and approach the Court jointly for guidance and/or a further Case Management 6 Conference at that time, if needed. 7 Dated: October 9, 2019 Respectfully submitted,

8 Chris Holland (SBN 164053) /s/ Michael P. Sandonato Lori L. Holland (SBN 202309) Michael P. Sandonato (admitted pro hac vice) 9 HOLLAND LAW LLP John S. Carlin (admitted pro hac vice) 220 Montgomery Street, Suite 800 Christopher S. Gerson (admitted pro hac vice) 10 San Francisco, CA 94104 Natalie D. Lieber (admitted pro hac vice) Telephone: (415) 200-4980 Jonathan M. Sharret (admitted pro hac vice) 11 Fax: (415) 200-4989 Daniel A. Apgar (admitted pro hac vice) cholland@hollandlawllp.com Sean M. McCarthy (admitted pro hac vice) 12 lholland@hollandlawllp.com Robert S. Pickens (admitted pro hac vice) Joyce L. Nadipuram (admitted pro hac vice) 13 Caitlyn N. Bingaman (admitted pro hac vice)

1290 Avenue of the Americas 15 New York, New York, 10104 +1 (212) 218-2100 16 +1 (212) 218-2200 facsimile philipsprosecutionbar@venable.com 17 Attorneys for Plaintiffs Koninklijke Philips 18 N.V. and U.S. Philips Corporation

21 /s/ Lucian C. Chen Lucian C. Chen (pro hac vice) Michael Song (Bar No. 243675) 22 Wing K. Chiu (pro hac vice) LTL ATTORNEYS LLP LUCIAN C. CHEN, ESQ. PLLC 300 South Grand Avenue, 14th Floor 23 One Grand Central Place Los Angeles, California, 90071 60 East 42nd Street, Suite 4600 +1 (213) 612-8900 24 New York, New York, 10165 +1 (213) 612-3773 facsimile +1 (212) 710-3007 michael.song@ltlattorneys.com 25 +1 (212) 501-2004 facsimile lucianchen@lcclegal.com 26

27 Attorneys for Defendant YiFang USA, Inc. d/b/a E-Fun, Inc. 28 3 I, Chris Holland, hereby attest that I have been authorized by counsel for the party listed 2 above to execute this document on its behalf. 3 4 Dated: October 9, 2019 /s/ Chris Holland 5 Chris Holland 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ORDER 2 Having reviewed Plaintiffs Koninklijke Philips N.V. and U.S. Philips Corporation 3 (collectively, “Philips”) and Defendant YiFang USA Inc. d/b/a/ E-Fun, Inc.’s (“YiFang”) Joint 4 || 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 8 disputes between Philips and YiFang are stayed for a period up to and including Friday, January 24, 9 | 2020. 10 41 | ITISSO ORDERED. 12 DATED: October 9, 2019 ods op fi 44 Hon. Haywood S. Gilliam, Jr. 7 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOINT MOTION OF PHILIPS AND YIFANG FOR FINAL STAY PENDING COMPLETION OF SETTLEMENT AGREEMENT TERMS AND RESPONSE TO OCTOBER |