Ebates Performance Marketing, Inc v. MyMail, Ltd.

I. BACKGROUND

25 This case arises in the context of Defendant’s efforts to sue for infringement of its patents, 26 including the ’838 patent, the ’070 patent, the ’263 patent, and the ’863 patent. The Court 27 discusses in turn: (1) the parties; (2) Defendant’s previous infringement lawsuits in this district; (3) prior discussions between the parties in the instant case; and (4) the procedural history of the instant case. The Parties Plaintiff Rakuten Rewards is a Delaware corporation with its principal place of business in San Mateo, California. ECF No. 1 (“Compl.”) ¶ 3. Rakuten Rewards’ parent company is Ebates, Inc. Id. ¶ 9. Rakuten Rewards developed an extension for the Google Chrome browser called “Rakuten: Get Cash Back for Shopping.” Id. Plaintiff Cartera Commerce is a Delaware corporation with its principal place of business in Lexington, Massachusetts. Id. ¶ 4. Cartera developed and operates a SkyMiles Shopping Button. Id. ¶¶ 10, 11. Cartera licenses the product to Delta Airlines (“Delta”), as well as other Cartera partners, including American Airlines, Alaska Airlines, Southwest, United, and USAA. Id.…