Technology Licensing v. Technicolor USA, Inc.

Filing 273

JOINT STIPULATION and ORDER signed by Judge William B. Shubb on 4/13/10 ORDERING that Gale R. ("Pete") Peterson will be appointed as special master for purposes of claim construction, pursuant to the parties' stipulation, and to perform the duties as set forth in the parties' stipulation. (Becknal, R)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CIV S-03-1329 WBS PAN

TECHNOLOGY LICENSING 4 CORPORATION, a Nevada corporation, 5 6 v. Plaintiff,

7 THOMSON, INC., a Delaware Corporation, 8 Defendant. 9 10 11 12 13 14 and related counterclaims

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING APPOINTMENT OF SPECIAL MASTER FOR PURPOSES OF CLAIM CONSTRUCTION

JURY TRIAL DEMANDED

Technology Licensing Corporation and Thomson, Inc. ("the parties"), hereby stipulate to the appointment of Gale R. ("Pete") Peterson of Cox Smith, 112 E. Pecan St., Suite 1800, 16311 Axis

15 Trail San Antonio, Texas 78205 for purposes of claim construction in the above captioned case, 16 pursuant to the terms set forth in the Parties' Joint Statement Regarding Appointment of Special 17 Master for Purposes of Claim Construction, filed on April 8, 2010 (Dkt. No. 269). 18 19 20 21 22 modifications proposed herein. The Parties respectfully propose that the scope of the special master's duties be modified from that stated in the Court's Memorandum and Order (Doc. No. 267) Specifically, the parties stipulate that Mr. Peterson will serve as special master in this case to perform the duties set forth in the Court's Memorandum and Order (Doc. No. 267), with the

23 as follows: 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER

a.

paragraphs 2 and 3 on page 18 be deleted because the parties have reached agreement

on the meaning of "video type signal" as used in claims 19 and 25 of the `411 Patent; b. in paragraph 4 on page 19, change "'411 patent" to "'412 patent."

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Mr. Peterson's standard hourly rate is $595.

The parties agree to equally split the

2 compensation for Mr. Peterson's services as special master. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER

At this time, the parties cannot identify any circumstances in which the special master may communicate ex parte with the Court or a party. Dated: April 13, 2010 Respectfully submitted,

NIRO SCAVONE HALLER AND NIRO By:_/s/ _Kara L. Szpondowski________________ Kara L. Szpondowski Attorneys for Plaintiff Technology Licensing Corporation

DUANE MORRIS LLP By:__/s/ _Richard T. Redano_________________ Richard T. Redano Attorneys for Defendant Thomson, Inc.

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1 2 3 4 5 6 7 Dated: April 13, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER

ORDER IT IS HEREBY ORDERED that Gale R. ("Pete") Peterson will be appointed as special master for purposes of claim construction, pursuant to the parties' stipulation, and to perform the duties as set forth in the parties' stipulation.

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