The consolidation merges Case No. 5:25-cv-00860, known as VirtaMove I, with Case No. 5:26-cv-00704, known as VirtaMove II. Both cases are pending in the Northern District of California before Judge Hon. Noël Wise.
VirtaMove accuses Google products of infringing U.S. Patent No. 7,519,814 in VirtaMove I and Patent No. 7,774,762 in VirtaMove II. The parties note that these patents are members of the same family, with the ’762 patent claiming priority to the ’814 patent.
The stipulation states that VirtaMove I and VirtaMove II involve many of the same documents and witnesses. The court had previously related the cases and issued substantially similar Case Management and Trial Setting Orders, setting both for the same trial date and claim construction hearing.
Under the agreement, VirtaMove II will be administratively closed but this does not constitute a dismissal of the complaint or a ruling on the merits. All filings in VirtaMove II will be treated as filed in VirtaMove I, and future filings will use the VirtaMove I caption.
The parties also agreed to modified discovery limits for the consolidated case. Each side is allowed 35 interrogatories, 50 requests for admission, 85 requests for production, and 80 hours of fact depositions. Expert deposition time is capped at 7 hours per expert report.
Attorneys for VirtaMove include Marc Fenster, Reza Mirzaie, Neil A. Rubin, Jacob Buczko, James A. Milkey, James Tseui, Christian Conkle, Qi (Peter) Tong, Jonathan Ma, and Daniel Kolko of Russ August & Kabat. Google is represented by David A. Perlson, Antonio Sistos, and Deepa Acharya of Hogan Lovells US LLP and Quinn Emanuel Urquhart & Sullivan, LLP.