New Pacer--STIPULATION CONTINUING CASE SCHEDULING DATES [RELATED CASES] (Not Signed by Judge)
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
ACER, INC., ACER AMERICA CORPORATION and GATEWAY, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED,
Defendants.
STIPULATION CONTINUING CASE SCHEDULING DATES [RELATED CASES]
HTC CORPORATION, HTC AMERICA, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED,
Defendants.
STIPULATION CONTINUING CASE SCHEDULING DATES
BARCO N.V., a Belgian corporation,
Plaintiff,
v.
TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., ALLIACENSE LTD.,
Defendants.
The parties in these three related cases, Acer, Inc., Acer America, Inc. and Gateway, Inc. (collectively “Acer”), Barco, N.V. (“Barco”), HTC Corp. and HTC America, Inc. (collectively
“HTC”) (Acer, Barco and HTC collectively “Plaintiffs”); and Technology Properties Ltd., Patriot Scientific Corp. and Alliacense, Ltd. (collectively “TPL” or “Defendants”), pursuant to Northern District of California Civil Local Rule 6-2, make this stipulated requested for an order continuing case scheduling dates with reference to the following facts:
WHEREAS, on February 22, 2010 this Court entered an Order establishing a case schedule following a Case Management Conference; WHEREAS, on May 19, 2010 this Court entered an amended scheduling order; WHEREAS, on September 20, 2010 this Court entered another amended scheduling order establishing the currently operative schedule (“Current Scheduling Order”); WHEREAS, no claim construction hearing has been scheduled, so no adjustments to the Court’s calendar are needed if the Current Scheduling Order is further amended; WHEREAS, in the Current Scheduling Order, the deadline to file with the Court the parties’ joint claim construction and pre-hearing statement (“Statement”) is October 21, 2010; WHEREAS, the parties have diligently met and conferred as to claim construction and have made significant progress; WHEREAS, because Barco’s counsel have been traveling in Asia during the past week, it is difficult for Barco to meet the October 21, 2010 deadline; WHEREAS, because of the scheduling conflicts caused by the time difference between Asia and California, parties have been recently unable to schedule conference calls in which all counsel of record could participate to finalize the Statement for filing with the Court by October 21, 2010; WHEREAS, the parties met and conferred as to these issues, and agreed that the Scheduling Order be modified as follows to allow more time to finalize the Statement; ACCORDINGLY, it is HEREBY STIPULATED by and among the parties and their counsel of record, who respectfully request that the Court order the dates in the Current Scheduling Order be modified as follows (under the “Proposed” column):
Event Date
Current Proposed
Last day to file joint claim construction and pre-hearing statement October 21, 2010 October 28, 2010 Claim construction discovery cut-off November 19, 2010 November 29, 2010 Defendants’ opening claim construction brief December 2, 2010 December 9, 2010
Plaintiffs’ responsive claim construction brief January 14, 2011 January 21, 2011
Defendants’ reply claim construction brief February 4, 2011 February 11, 2011 Patent Technology Tutorial* *If requested by the Court Approximately 20 days after reply claim
construction brief Claim construction hearing To be determined Status conference Three weeks after the claim construction hearing Final infringement contentions1 30 days after the claim construction ruling 1 2 These two deadlines for final infringement and final invalidity contentions only apply to case nos. 5:08-cv-0877 (Acer v. TPL) and 5:08cv-0882 (HTC v. TPL). Case no. 5:08-cv-05398 (Barco v. TPL) was filed in December 2008 and operates under the Patent Local Rules that were in effect after March 2008, which do not provide for final infringement or invalidity contentions absent leave from Court.
Event Date
Current Proposed
Final invalidity contentions2 50 days after the claim construction ruling Defendants to serve willfulness documents; opinion of counsel 50 days after the claim construction ruling Close of fact discovery Six months after the final invalidity contentions Initial expert reports 30 days after the close of fact discovery Rebuttal expert re orts 30 days after the initial expert reports Close of expert discovery Two weeks after the rebuttal expert reports Trial To be determined
Dated: October 21, 2010 FARELLA BRAUN + MARTEL LLP
By: /s/ Stephanie Powers Skaff
John L. Cooper
Stephanie Powers Skaff
ugene Y. Mar
Farella Braun + Martel LLP
235 Montgomery Street
San Francisco, CA 94104
Attorneys for Technology Properties Ltd., and Alliacense Ltd.
Dated: October 21, 2010 KIRBY NOONAN LANCE & HOGE, LLP
Charles T. Hoge
Attorneys for Patriot Scientific Corporation
Dated: October 21, 2010 K&L GATES LLP
Walker, Esq.
Harold H. Davis, Jr., Esq.
Jas Dhillon, Esq.
Jeffrey M. Ratioff
K&L Gates LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Attorneys for Acer, Inc., Acer America Corp. and Gateway, Inc.
Dated: October 21, 2010 COOLEY LLP
Kyle D. Chen, Esq.
kyle.chen@cooley.com
Heidi L. Keefe, Esq.
Mark R. Weinstein, Esq.
Cooley LLP
3000 El Camino Real
Five Palo Alto Square, 4th Floor
Palo Alto, California 94306
Attorneys for HTC Corporation and HTC America, Inc.
Dated: October 21, 2010 BAKER & MCKENZIE
By: /s/
Edward Runyan, Esq.
Edward.Runyan@bakernet.com
Baker & McKenzie
130 East Randolph Drive
Chicago, IL 60601
Phone: (312) 861-8811
Fax: (312) 698-2341
Attorneys for Barco, N.V.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: _________________ , 2010 __(Not Signed by Judge) HONORABLE JEREMY FOGEL
UNITED STATES DISTRICT JUDGE