National Products, Inc v. Lifedge Ltd et al

Filing 22

STIPULATED MOTION AND ORDER REQUESTING RELIEF FROM DEADLINE TO FILE JOINT SUBMISSION OF POTENTIAL TECHNICAL ADVISORS by Judge Robert S. Lasnik.(TF)

Download PDF
The Honorable Robert S. Lasnik 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 NATIONAL PRODUCTS, INC., 10 11 12 13 Case No. 2:12-cv-01865 Plaintiff, v. LIFEDGE LTD. and SCANSTRUT LTD., STIPULATED MOTION AND ORDER REQUESTING RELIEF FROM DEADLINE TO FILE JOINT SUBMISSION OF POTENTIAL TECHNICAL ADVISORS Defendants. Note On Motion Calendar: April 15, 2013 14 15 16 Plaintiff National Products, Inc. (“NPI”) and Defendants Lifedge Ltd. and Scanstrut 17 Ltd. (collectively, “Defendants”) respectfully stipulate and move for relief from the Court’s 18 April 22, 2013 deadline for the parties to jointly submit the resumes of three qualified 19 individuals who are willing to serve as a technical advisor in this matter. See Dkt. No. 20, 20 Minute Order Setting Trial Date & Related Dates. 21 The parties believe that a technical advisor is unnecessary. The technology covered 22 by the patent asserted in this action is uncomplicated and should not be difficult for the Court 23 to understand. U.S. Patent No. 7,495,895 (“the ’895 patent”) is generally directed to a 24 protective cover for a touch sensitive device, such as an iPad. See Dkt. No. 1, Ex. A. This is 25 a purely mechanical invention, and the parties agree that no specialized technical expertise 26 STIPULATED MOTION REQUESTING RELIEF FROM DEADLINE AND [PROPOSED] ORDER - 1 Case No. 2:12-CV-01865 FENWICK & W EST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, W ASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511 1 (i.e., knowledge of engineering, chemistry, or other scientific subject) is required for the 2 Court to understand the single claim asserted by NPI in this patent infringement lawsuit. In 3 addition, locating three neutral technical experts in this field will be difficult and expensive. 4 For these reasons, NPI and Defendants respectfully request that the Court relieve the 5 parties from the April 22, 2013 deadline to jointly submit potential technical advisors. 6 7 RESPECTFULLY SUBMITTED this 15th day of April, 2013. 8 9 10 11 12 13 14 15 16 17 18 By: s/Ewa M. Davison David K. Tellekson, WSBA No. 33523 Ewa M. Davison, WSBA No. 39524 Jeffrey A. Ware, WSBA No. 43779 1191 Second Avenue, 10th Floor Seattle, Washington 98101 Phone: 206-389-4510 Fax: 206-389-4511 Email: dtellekson@fenwick.com edavison@fenwick.com jware@fenwick.com Attorneys for Plaintiff National Products, Inc. By: s/Gina Vogel Culbert Gina Vogel Culbert, WSBA No. 30213 Allison S. Wallin, WSBA No. 24285 Columbia Center 701 Fifth Avenue, Suite 4100 Seattle, Washington 98104 Phone: 206-342-6259 Fax: 206-342-6201 Email: rculbert@merchantgould.com awallin@merchantgould.com Attorneys for Defendants Lifedge Ltd. and Scanstrut Ltd. 19 20 21 22 23 24 25 26 STIPULATED MOTION REQUESTING RELIEF FROM DEADLINE AND [PROPOSED] ORDER - 2 Case No. 2:12-CV-01865 FENWICK & W EST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, W ASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511 1 2 ORDER Based on the foregoing, IT IS SO ORDERED. 3 4 Dated this 23rd day of April, 2013. 5 A 6 Robert S. Lasnik United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOTION REQUESTING RELIEF FROM DEADLINE AND [PROPOSED] ORDER - 3 Case No. 2:12-CV-01865 FENWICK & W EST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, W ASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511