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Case 1:13-cv-00262-RGA Document 8 Filed 07/29/13 Page 1 of 4 PageID #: 40

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE



Plaintiff,

INFINITE DATA LLC,





MASTERCARD INCORPORATED,



Defendant.

v.















C.A. No. 13-262 (RGA)




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DEFENDANT’S MOTION TO STAY CUSTOMER CASE

Defendant MasterCard Incorporated (“MasterCard”) moves to stay this customer

case in favor of the declaratory judgment action filed in this Court by Mellanox Technologies

Inc., the manufacturer of the accused products (C.A. No. 13-913-RGA). Defendant MasterCard

joins in and incorporates the arguments set forth in the briefs filed by customer defendant Barnes

& Noble, Inc. in support of its motion to stay (C.A. No. 13-251-RGA, D.I. 8).1 In addition,

defendant MasterCard relies on the Declaration of Stephen D. Blase filed herewith in support of

this Motion to Stay.


1

A motion to stay tolls the time for MasterCard to respond to the Amended Complaint.
See, e.g., Intravascular Research Ltd. v. Endosonics Corp., 994 F. Supp. 564, 567 n.3
(D. Del. 1998) (“Historically, motions to stay have been recognized as tolling the time
period for answering a complaint because pre-answer consideration of these motions
have been found to maximize the effective utilization of judicial resources.”); see also
5C Wright & Miller, FEDERAL PRACTICE AND PROCEDURE § 1360, 86 (3d ed. 2004).

Case 1:13-cv-00262-RGA Document 8 Filed 07/29/13 Page 2 of 4 PageID #: 41















July 29, 2013
7399655.1











MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Rodger D. Smith II


Rodger D. Smith II (#3778)
Jeremy A. Tigan (#5239)
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
(302) 658-9200
[email protected]
jtigan @mnat.com

Attorneys for Defendant MasterCard
Incorporated


2


Case 1:13-cv-00262-RGA Document 8 Filed 07/29/13 Page 3 of 4 PageID #: 42

RULE 7.1.1 CERTIFICATE

I hereby certify that the subject of the foregoing motion has been discussed with

counsel for the plaintiff and that we have not been able to reach agreement.






























/s/ Rodger D. Smith II


Rodger D. Smith II (#3778)









Case 1:13-cv-00262-RGA Document 8 Filed 07/29/13 Page 4 of 4 PageID #: 43

CERTIFICATE OF SERVICE

I hereby certify that on July 29, 2013, I caused the foregoing to be electronically

filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to all

registered participants.

I further certify that I caused copies of the foregoing document to be served on

July 29, 2013, upon the following in the manner indicated:

Brian E. Farnan, Esquire
Michael J. Farnan, Esquire
FARNAN LLP
919 North Market Street, 12th Floor
Wilmington, DE 19801
Attorneys for Plaintiff

Marc A. Fenster, Esquire
Alexander C.D. Giza, Esquire
Jeffrey Z.Y. Liao, Esquire
RUSS, AUGUST & KABAT
12424 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90025-1031
Attorneys for Plaintiff


VIA ELECTRONIC MAIL

VIA ELECTRONIC MAIL



/s/ Rodger D. Smith II
Rodger D. Smith II (#3778)