New Pacer--STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE
posted on Mar 13, 12 08:22PM (Log in to use the IP Check tool) [?]
New Pacer--STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO SERVE AMENDED INFRINGEMENT CONTENTIONS AND INCLUDING ADDITIONAL CLAIMS FOR WHICH TPL SHALL AMEND ITS INFRINGEMENT CONTENTIONS
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
BARCO N.V., a Belgian corporation
Plaintiff,
v.
TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., and ALLIACENSE LTD.,
Defendants.
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO SERVE AMENDED INFRINGEMENT CONTENTIONS AND INCLUDING ADDITIONAL CLAIMS FOR WHICH TPL SHALL AMEND ITS INFRINGEMENT CONTENTIONS
Pursuant to Northern District of California Civil Local Rules 6-2 and 7-12, Plaintiff Barco N.V. (“Barco”) and Defendants Technology Properties Limited, Patriot Scientific Corporation, and Alliacense Limited (collectively “Defendants” or “TPL”), hereby stipulate and request that the Court: (1) extend the deadline to serve amended Infringement Contentions (ICs) as set forth in Special Master Thomas Denver’s Order on Barco’s Motion to Strike (Dkt. 332, Related Case No. 3:08-cv-00877-JW) (the “Order”) by four additional business days so that the deadline to serve amended ICs is extended from March 26, 2012 to March 30, 2012 and (2) include four additional claims (claims 7, 10, 14, and 16) of U.S. Patent No. 5,809,336 (the ‘336 patent) for which TPL shall serve amended Infringement Contentions (ICs).
WHEREAS, Barco’s Proposed Order (Dkt. 238-5) and Barco’s Reply Brief (Dkt. 266) requested the Court, inter alia, to strike the ICs for claims 1, 6, 11, and 13 of the '336 patent, because certain limitations for these claims rely on one or more published articles;
WHEREAS, Barco’s Opening Motion noted that, in addition to the ICs for claims 1, 6, 11, and 13 of the ‘336 patent, ICs for claims 7, 10, 14, and 16 of the ‘336 patent also rely solely on the same one or more published articles for certain claim limitations. See page 6, line 21 to page 7, line 24 of Barco's Opening Motion (Dkt. 238);
WHEREAS, claims 7, 10, 14, and 16 of the ‘336 patent were inadvertently omitted from Barco’s Proposed Order (Dkt. 238-5) and Reply Brief (Dkt. 266);
WHEREAS, Special Master Thomas Denver’s Order on Barco’s Motion to Strike (Dkt. 332, Related Case No. 3:08-cv-00877-JW), in apparent reliance on Barco’s Proposed Order, ordered TPL to amend the ICs for claims 1, 6, 11, and 13 of the ‘336 patent for relying on published articles;
WHEREAS, while TPL disputes that its ICs are insufficient, it does not dispute that the same rationale underlying the Special Master’s Order relating to ICs for claims 1, 6, 11 and 13 of the ‘336 patent also applies to claims 7, 10, 14, and 16 of the ‘336 patent;
WHEREAS, TPL was ordered by Special Master Thomas Denver to serve amended ICs within 20 days of his Order becoming final (i.e., by March 26, 2012);
WHEREAS, Barco will not be prejudiced if the deadline to serve amended ICs is extended from March 26, 2012 to March 30, 2012; and
ACCORDINGLY, it is hereby stipulated by and among the parties that:
(1) In addition to the claims identified in Special Master Thomas Denver’s Order of February 24, 2012, TPL shall serve amended ICs for claims 7, 10, 14, and 16 of the ‘336 patent; and
(2) TPL shall serve its amended ICs for claims identified in this stipulation and in Special Master Thomas Denver’s Order by March 30, 2012.
Respectfully Submitted,
Dated: March 13, 2012
BAKER & McKENZIE LLP
By: __ /s/ Edward K. Runyan
Edward K. Runyan
Attorneys for Plaintiff
BARCO N.V.
Dated: March 13, 2012
AGILITY IP LAW, LLP
By: __ /s/ James C. Otteson
James C. Otteson
Michelle G. Breit
Attorneys for Defendants
TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: March 13, 2012
THOMAS HR DENVER
Special Master
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