govinfo:USCOURTS-casd-3_22-cv-00412-8

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22-cv-412-RSH-DDL 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
SAMESURF, INC., 
Plaintiff, 
 
v. 
 
INTUIT, INC., 
Defendant. 

 
ORDER GRANTING JOINT 
STIPULATION TO DEFER THE 
DEADLINE FOR A MOTION FOR 
ATTORNEYS’ FEES AND 
NONTAXABLE COSTS PENDING 
APPEAL 
 
[ECF No. 349] 
 
Before the Court is the Parties’ stipulated motion to defer the deadline for Intuit to 
file any motion for attorneys’ fees and nontaxable costs pursuant to Federal Rule of Civil 
Procedure 54(d)(2) and 35 U.S.C. § 285 until 28 days after resolution of any appeal. ECF 
No. 349. 
On May 28, 2026, the Court granted Intuit’s motion f or s ummary judgment of 
noninfringement. ECF No. 346. On the same date, the Clerk entered judgment in favor of 
Intuit and against Samesurf, and the case was closed. ECF No. 347. As the prevailing party 
in this action, Intuit may seek attorneys’ fees and nontaxable costs under Federal Rule of 
Civil Procedure 54(d)(2) and 35 U.S.C § 285. According to the St ipulated Motion, 
Case 3:22-cv-00412-RSH-DDL Document 353 Filed 06/15/26 PageID.<pageID> 
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22-cv-412-RSH-DDL 
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Samesurf intends to file a notice of appeal to the United States Court of Appeals for the 
Federal Circuit. ECF No. 349 at 1. 
Under Rule 54(d)(2)(B), a claim for attorneys’ fees must be filed no later than 14 
days after the entry of judgment “[u]nless . . . a statute or a court order provides otherwise.” 
Fed. R. Civ. P. 54(d)(2)(B)(i). At its discretion , in the interest of judicial economy, the 
Court “under subdivision (d)(2)(B) may effectively extend the period by permitting claims 
to be filed after resolution of the appeal.” Fed. R. Civ. P. 54 cmt. (1993 amend.). “Courts 
within the Ninth Circuit have routinely applied this committee note to claims for costs as 
well as for fees.” Backhaut v. Apple Inc., No. 14-CV-02285-LHK, 2016 WL 3253946, at 
*2 (N.D. Cal. June 14, 2016) (collecting cases). 
The Parties move the Court to approve the following stipulation: 
Intuit shall file any motion for attorneys’ fees and nontaxable costs 
under Rule 54(d)(2) and 35 U.S.C. § 285 no later than twenty-eight (28) 
days after the earliest of: (a) issuance of any Federal Circuit decision 
affirming the Court’s judgment; (b) dismissal of any such appeal; or (c) 
if no notice of appeal is timely filed, expiration of the time to file a 
notice of appeal. 
 
ECF No. 349 at 3. 
 In the interest of judicial economy, the Stipulated Motion is GRANTED. Intuit shall 
file any motion for attorneys’ fees and nontaxable costs under Rule 54(d)(2) and 35 U.S.C. 
§ 285 no later than twenty-eight (28) days after the earliest of: (a) issuance of any Federal 
Circuit decision affirming the Court’s judgment; (b) dismissal of any such appeal; or (c) if 
no notice of appeal is timely filed, expiration of the time to file a notice of appeal. 
 IT IS SO ORDERED. 
Dated: June 15, 2026 ______________________ 
Hon. Robert S. Huie 
United States District Judge 
 
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