B&H Manufacturing Company Inc. v. Sidel, Inc.

Filing 77

ORDER signed by Magistrate Judge Edmund F. Brennan on 02/12/09 GRANTING 76 Stipulation Re Claim Construction Exchange.(Streeter, J)

1 2 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

STEVEN M. LEVITAN (SBN 148716) [e-mail] JENNIFER M. LANTZ (SBN 202252) [e-mail] INCHAN A. KWON (SBN 247614) [e-mail] HAYNES AND BOONE, LLP 2033 Gateway Place, Suite 400 San Jose, CA 95110 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff and Counterclaim Defendant B&H MANUFACTURING COMPANY, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION B&H MANUFACTURING CO., INC. Plaintiff, v. SIDEL, INC., Defendant. AND RELATED COUNTERCLAIMS. Case No.: 07-cv-02208 MCE EFB STIPULATION AND ORDER RE CLAIM CONSTRUCTION EXCHANGE

-1-

Case No.: 07-cv-02208 MCE EFB Stipulation and Order Re Claim Construction Exchange

1 2 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

The parties to this action, Plaintiff and Counterclaim Defendant B&H Manufacturing Company, Inc. ("B&H") and Defendant and Counterclaimant Sidel, Inc., hereby submit two proposed schedules setting forth the dates for an exchange of claim terms that each side contends require construction in this action. As the parties are currently attempting to schedule a mediation of this matter for March 2009, and are submitting a proposed alteration of the Pretrial Scheduling Order, the parties have set forth two alternative schedules: the first schedule is under the proposed Pretrial Scheduling Order submitted to the Court on February 10, 2009, and the second is under the current Pretrial Scheduling Order. The parties have conferred and respectfully submit that, for the purpose of briefing the claim construction issues, the schedules below do not need to separately account for the designation of terms based on the parties' respective burdens of proof. If the Claim Construction Hearing date is changed to June 5, 2009, pursuant to the Stipulation and [Proposed] Order Re Amendments to Pretrial Scheduling Order submitted by the parties, the parties, through undersigned counsel, hereby stipulate, subject to the approval of the Court, that: (1) No later than April 10, 2009, each party shall exchange a list of claim terms which the serving party contends should be construed by the Court, along with the serving party's proposed construction of each such term; (2) No later than April 17, 2009, having considered each other's list of terms, the parties shall exchange constructions for any terms previously construed by one party, but not the other; and (3) No later than April 22, 2009, the parties shall meet and confer to attempt to narrow the number of claim terms which they contend require construction. If the Claim Construction Hearing date remains set on April 3, 2009, the parties, through undersigned counsel, hereby stipulate, subject to the approval of the Court, that: (1) No later than February 24, 2009, each party shall exchange a list of claim terms which the serving party contends should be construed by the Court, along with the serving party's proposed construction of each such term; (2) No later than February 27, 2009, having considered each other's list of terms, the
-2Case No.: 07-cv-02208 MCE EFB Stipulation and Order Re Claim Construction Exchange

1 2 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 (3)

parties shall exchange constructions for any terms previously construed by one party, but not the other; and No later than March 2, 2009, the parties shall meet and confer to attempt to narrow the number of claim terms which they contend require construction. DATED: February 11, 2009 HAYNES AND BOONE LLP

By:

/s/ Jennifer M. Lantz Steven M. Levitan Jennifer M. Lantz Inchan A. Kwon 2033 Gateway Place, Suite 400 San Jose, CA 95110 Attorneys for Plaintiff and Counterclaim Defendant B&H Manufacturing Company, Inc.

DATED: February 11, 2009

SUGHRUE MION, PLLC

By:

/s/ John B. Scherling John B. Scherling Scott H. Davison 501 West Broadway, Suite 1600 San Diego, CA 92101 Mark Boland (pro hac vice) Raja Saliba (pro hac vice) Brian Shelton (pro hac vice) 2100 Pennsylvania Avenue, N.W. Washington, D.C. 20037 Attorneys for Defendant and Counterclaim Plaintiff SIDEL, INC. ORDER

SO ORDERED. DATED: February 12, 2009

-3-

Case No.: 07-cv-02208 MCE EFB Stipulation and Order Re Claim Construction Exchange