18 August 1997
Source: Hard copy from John Gilmore
See PGP answers to RSA: http://jya.com/rsavpgp2.htm
See RSA v. PGP suit: http://jya.com/rsavpgp.txt
See Lemcom License Exhibit A: http://jya.com/pkplem.htm
[Computer printed form]
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
CASE NO. 400585
DATE 16 JUN 1997
TITLE OF ACTION: RSA DATA SECURITY, INC., VS. PRETTY GOOD PRIVACY, INC.
NATURE OF EVENTS: 01,DEFT PRETTY GOOD PRIVACY DEMURRER TO COMPLAINT (6-13)
02,DEFT PRETTY GOOD PRIVACY MOTION TO COMPEL ARBITRATION (6-13)
X OFF CALENDAR [Unused portions of form omitted]
X [By hand] DROPPED PW STIP/ORDER Sgd bu Judge [Illegible]
[Unused balance of form omitted]
[1]
FILED
SAN MATEO COUNTY
JUN -4 1997
Clerk of the Superior Court
By [Illegible signature]
DEPUTY CLERK
MICHAEL BARCLAY, State Bar No. 088993
NINA F. LOCKER, State Bar No. 123838
RODNEY G. STRICKLAND, JR., State Bar No. 161934
AHMED E. TAHA, State Bar No. 184540
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304-1050
Telephone: (415)493-9300
Attorneys for Defendant
PRETTY GOOD PRIVACY, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
RSA DATA SECURITY, INC., a Delaware ) CASE NO.: 400585
corporation )
) STIPULATION AND 14.-
Plaintiff, ) [PROPOSED] ORDER
) CONTINUING HEARING ON
v. ) PGP'S MOTION TO COMPEL
) ARBITRATION AND
PRETTY GOOD PRIVACY, INC., a ) DEMURRER TO
Delaware corporation, and DOES 1 through ) COMPLAINT
25, inclusive, )
)
Defendants. )
)
)
__________________________________________)
400585
06-04-1997/02:45 PM
$14.00/03-52683
WHEREAS, on May 6, 1997, RSA Data Security, Inc. ("RSA") filed a
Complaint against Pretty Good Privacy, Inc. ("PGP").
WHEREAS, RSA's Complaint alleges that it terminated a patent license
agreement ("License Agreement") between PGP and Public Key Partners, a
partnership between RSA and Caro-Kann Corporation, a wholly-owned subsidiary
of Cylink Corporation, on account of PGP's alleged breach of the agreement.
WHEREAS, after RSA filed this lawsuit, its partner, Cylink/Caro-Kann,
disputed whether RSA had the authority to terminate PGP's License Agreement
and suggested that RSA's only remedy for PGP's alleged breach was to demand
arbitration.
WHEREAS, on May 22, 1997, PGP filed a Motion to Compel Arbitration and
Demurrer to Complaint.
WHEREAS, PGP's motion was originally set for hearing on June 13, 1997,
but was continued until June 16, 1997 in order to accommodate scheduling
confiicts on the part of counsel.
WHEREAS, on May 29, 1997, RSA requested that PGP agree to a continuance
of the hearing date on PGP's Motion to Compel Arbitration and Demurrer to
Complaint until after RSA and Caro-Kann arbitrate their dispute regarding
RSA's authority to terminate PGP's License Agreement.
WHEREAS, the arbitration between RSA and Caro-Kann is currently scheduled
to commence on June 18, 1997.
WHEREAS, in order to avoid unnecessary motion practice, PGP has agreed to
RSA's request for a continuance.
THEREFORE, plaintiff and defendant stipulate, by and through their counsel
of record, and subject to approval by the Court, to the following:
1) Defendant's Motion to Compel Arbitration and Demurrer to Complaint,
currently calendared for June 16, 1997, shall be taken offcalendar without
prejudice;
2) Defendant shall renew its Motion to Compel Arbitration and Demurrer to
Complaint, or otherwise respond to the Complaint, after a decision is rendered
in the arbitration between RSA and Caro-Kann, at which time the parties shall
agree on a briefing and hearing schedule;
3) Nothing in this Stipulation and Proposed Order shall prejudice
defendant's right to argue that the arbitration between RSA and Caro-Kann has
no bearing on the outcome of PGP's Motion to Compel Arbitration and Demurrer
to Complaint;
4) No responsive pleading shall be due from defendant until the filing of
its renewed Motion to Compel Arbitration and Demurrer to Complaint;
5) Neither party shall initiate any discovery pursuant to the California
Code of Civil Procedure until a decision on defendant's renewed motion has
been rendered by the Court.
STIPULATED AND AGREED TO:
Date: June 3, 1997 WILSON, SONSINI, GOODRICH & ROSATI
Professional Corporation
By: [Signature] /ESG
Nina F. Locker
Attorneys for defendant
PRETTY GOOD PRIVACY, INC.
Date: 6/3/97 TOMLINSON ZISKO MOROSOLI & MASER
By: [Signature]
Thomas E. Moore III
Attorneys for Plaintiff
RSA DATA SECURITY, INC.
IT IS SO ORDERED:
DATE: JUN -4 1997 [Illegible Signature]
Superior Court Judge
ESG::ODMA\PCDOCS\SQLI\150894\1
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