Ebates Performance Marketing, Inc v. MyMail, Ltd.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

EBATES PERFORMANCE MARKETING, Case No. 20-CV-04768-LHK INC, et al., ORDER GRANTING MOTION TO Plaintiffs, STAY 14 v. Re: Dkt. No. 54

MYMAIL, LTD.,

16 Defendant. 17 Before the Court is MyMail’s motion to stay the instant case pending the Federal Circuit’s 18 resolution of MyMail’s appeal of this Court’s decision in MyMail, Ltd. v. OoVoo, LLC, --- F. 19 Supp. 3d ---, 2020 WL 2219036, at *1 (N.D. Cal. May 7, 2020) (“the ooVoo cases”). ECF No. 54. 20 Having considered the parties’ submissions, the relevant law, and the record in this case, the Court 21 GRANTS MyMail’s motion and STAYS the instant case until resolution of MyMail’s appeal in 22 the OoVoo cases. 23 In the ooVoo cases, MyMail alleged that ooVoo and IAC infringed U.S. Patent Nos. 24 8,275,863 (“the ’863 patent”) and 9,021,070 (“the ’070 patent”). Id. at *1–*2. On May 7, 2020, 25 this Court granted ooVoo and IAC’s motion for judgment on the pleadings. Id. at *1. The Court 26 concluded…