Case 1:18-cv-01608-RGA Document 48 Filed 04/14/20 Page 1 of 5 PageID #: 498
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
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`GRACENOTE, INC.,
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`Plaintiff,
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`V.
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`FREE STREAM MEDIA CORP.
`d/b/a SAMBA TV,
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`Defendant.
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`C.A. No. 1:18-cv-01608-RGA
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`JOINT STIPULATION TO STAY THE CASE FOR 90 DAYS
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`Plaintiff Gracenote, Inc. ("Gracenote") and Defendant Free Stream Media Corp. ( d/b/a
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`Samba TV) ("Samba TV") (together, "the parties") jointly stipulate, subject to the Court' s
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`approval, to stay this case for ninety (90) days and to extend all deadlines in the Scheduling
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`Order by approximately 90 days. In support of this joint stipulation and request, the parties state
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`as follows:
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`1.
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`2.
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`On February 19, 2020, the Court entered a Scheduling Order (D.I. 38).
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`Pursuant to the Scheduling Order, Gracenote' s infringement contentions, which
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`must include pinpoint cites to Samba TV' s source code, are due on May 20, 2020.
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`3.
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`Gracenote has begun its review of Samba TV' s source code, which was made
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`available at the end of February on a secure computer in Samba TV' s counsel ' s California
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`offices. Gracenote needs to conduct extensive further review of the source code to be in a
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`position to serve its infringement contentions.
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`4.
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`Due to the COVID-19 pandemic, Gracenote has not been able to access Samba
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`TV' s source code for further review and likely will not be able to access it in the near future.
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`Case 1:18-cv-01608-RGA Document 48 Filed 04/14/20 Page 2 of 5 PageID #: 499
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`5.
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`The source code requires in-person inspection at a secure terminal, pursuant to the
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`agreed procedures set forth in the Source Code Access Agreement (D.I. 37). However, such in(cid:173)
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`person inspection is not possible at the present time because California (where the source code is
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`located) is under a stay-at-home order. In addition, Gracenote' s experts reside in foreign
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`countries and cannot travel to the United States.
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`6.
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`Mehmet Celik, Gracenote' s expert who resides in the Netherlands, has been
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`barred from traveling to the U.S. since March 13, 2020, when President Trump instituted an
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`entry ban for individuals traveling from the Netherlands and certain other countries. (See
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`https ://travel. state. gov/ content/travel/ en/travel ad vi sori es/presi dential-proclamation--travel-from(cid:173)
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`europe.html.)
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`7.
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`Gracenote's other technical expert, Jaap Haitsma, resides in Chile, which has been
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`under a state of emergency since March 19, 2020. (See https://cl.embassy.gov/covid-19-
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`information/.) While there is no per se travel ban to the U.S . from Chile, the U.S. Embassy in
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`Chile advises that the Chilean government may impose travel restrictions on those entering the
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`country "with little or no advance notice." (See id.) Thus, any travel to the U.S. by Mr. Haitsma
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`carries a substantial risk that he will be prohibited from returning to his home in Chile.
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`Furthermore, flights into and out of Chile have been substantially reduced, making travel
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`difficult at best. (See id.)
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`8.
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`Even if Gracenote's experts could travel to the U.S ., a recent executive order
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`would prevent them from accessing Samba TV' s source code. In particular, since March 19,
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`2020, the State of California, where the source code is located and maintained, has been subject
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`to Executive Order N-33-20, which requires all California residents to stay at home. (See
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`https://www.gov.ca.gov/2020/03/ 19/governor-gavin-newsom-issues-stay-at-home-order/.) Thus,
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`2
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`Case 1:18-cv-01608-RGA Document 48 Filed 04/14/20 Page 3 of 5 PageID #: 500
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`the offices of Samba TV' s counsel, which is the designated location for all review of Samba
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`TV's source code, have been closed.
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`9.
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`Gracenote' s counsel are located in Illinois and New York, both of which are also
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`subject to stay-at-home orders. (See https://www.governor.ny.gov/news/governor-cuomo-signs(cid:173)
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`new-york-state-pause-executive-order; https ://www2. illi noi s. gov /Pages/Executive(cid:173)
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`Orders/ExecutiveOrder2020- l 0.aspx.)
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`10.
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`Delaying the due date for infringement contentions will have a cascading effect
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`on the other deadlines set forth in the Scheduling Order.
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`In light of the foregoing, the parties request that the Court stay this case for 90 days and
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`extend all deadlines for approximately the same amount oftime. The chart attached to this Joint
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`Stipulation sets forth the current case schedule along with a proposed new schedule that moves
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`each of the remaining deadlines by approximately 90 days.
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`Dated: April 13, 2020
`665636 1/45232
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`3
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`Case 1:18-cv-01608-RGA Document 48 Filed 04/14/20 Page 4 of 5 PageID #: 501
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`Respectfully submitted,
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`Attorneys for Defendant
`Free Stream Media Corp. dlbla Samba TV
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`Attorneys for Plaintiff
`Gracenote, Inc.
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`By: Isl Kelly E. Farnan
`Kelly E. Farnan (#4395)
`farnan@rlf.com
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`Telephone: (302) 651-7700
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`OF COUNSEL:
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`Sten Jensen
`sjensen@orrick.com
`Orrick Herrington & Sutcliffe LLP
`Columbia Center 1152
`15th Street, N.W.
`Washington, DC 20005
`Telephone: (202) 339-8436
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`Clement Seth Roberts
`croberts@orrick.com
`Orrick Herrington & Sutcliffe LLP
`The Orrick Building
`405 Howard Street
`San Francisco, CA 94105
`Telephone: (415) 773-5700
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`Alyssa Caridis
`acaridis@orrick.com
`Orrick Herrington & Sutcliffe LLP
`777 South Figueroa Street
`Suite 3200
`Los Angeles, CA 9001 7
`Telephone: (213) 612-2372
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`By: Isl David E. Moore
`David E. Moore (#3983)
`dmoore@potteranderson.com
`Stephanie E. O'Byrne (#4446)
`sobyrne@potteranderson.com
`Bindu A. Palapura (#5370)
`bpalapura@pottersanderson.com
`Potter Anderson & Corroon LLP
`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`Telephone: (302) 984-6251
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`OF COUNSEL:
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`Steven Y ovits
`syovits@kelleydrye.com
`Constantine Koutsoubas
`ckoutsoubas@kelleydrye.com
`Mark J. Scott
`mascott@kelleydrye.com
`Kelley Drye & Warren LLP
`333 West Wacker Drive
`Chicago, IL 60606
`Telephone: (312) 857-7070
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`Clifford Katz
`ckatz@kelleydrye.com
`Kelley Drye & Warren LLP
`101 Park A venue
`New York, NY 10178
`Telephone: (212) 808-7800
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`IT IS SO ORDERED this _l! day of April, 2020
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`Isl Richard G. Andrews
`The Honorable Richard G. Andrews
`United States District Judge
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`4
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`Case 1:18-cv-01608-RGA Document 48 Filed 04/14/20 Page 5 of 5 PageID #: 502
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`CHART OF FUTURE DEADLINES
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`ITEM
`Gracenote's responses to Samba TV' s second
`set of requests for documents
`Gracenote's responses to Samba TV's second
`set of interrogatories
`Samba TV's responses to Gracenote' s second
`set of requests for documents
`Samba TV's responses to Gracenote' s second
`set of interrogatories
`Infringement contentions
`Joinder of other parties and amendment of
`pleadings
`Invalidity contentions
`Exchange claim terms for construction and
`proposed constructions
`Joint claim construction chart
`Gracenote's opening claim construction brief
`Document production complete
`Samba TV's answering claim construction brief
`Gracenote's reply claim construction brief
`Samba TV 's sur-reply claim construction brief
`Parties file joint claim construction brief
`Markman hearing
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`CURRENT DATE PROPOSED DATE
`July 14, 2020
`April 15, 2020
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`April 15, 2020
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`July 14, 2020
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`April 27, 2020
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`July 27, 2020
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`April 27, 2020
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`July 27, 2020
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`May 20, 2020
`June 18, 2020
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`August 18, 2020
`September 16, 2020
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`June 19, 2020
`July 3, 2020
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`September 1 7, 2020
`October 1, 2020
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`October 8, 2020
`July 10, 2020
`July 31 , 2020
`October 29, 2020
`November 5, 2020
`August 7, 2020
`August 21 , 2020
`November 19, 2020
`December 3, 2020
`September 4, 2020
`September 18, 2020 December 17, 2020
`September 25, 2020 December 24, 2020
`October 27, 2020
`January 26, 2021
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`Amendment to contentions
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`Claim and prior art reference narrowing
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`Fact discovery cut-off
`Burden of proof opening expert reports
`Responsive expert reports
`Reply expert reports
`Complete expert depositions
`Case dispositive motions
`Answering briefs to dispositive motions
`Reply briefs in support of dispositive motions
`Pretrial conference
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`30 days after
`Markman order
`14 days after
`Markman order
`January 15, 2021
`February 22, 2021
`March 19, 2021
`April 12, 2021
`May 21 , 2021
`July 2, 2021
`July 30, 2021
`August 20, 2021
`December 3, 2021
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`Trial begins
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`December 13, 2021
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`5
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`(subject to the e rt
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`Court's availability)
`Unchanged
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`Unchanged
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`April 15, 2021
`May 24, 2021
`June 17, 2021
`July 12, 2021
`August 19, 2021
`September 30, 2021
`October 28, 2021
`November 18, 2021
`March 1~022 @C ,
`00()...(V\-
`(subject to the
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`Court's availability)
`March 14, 2022
`(subject to the
`Court' s availability)
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`