Overture Services, Inc. v. Google Inc.

Filing 41

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Google Inc.. (Kwun, Michael)

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Overture Services, Inc. v. Google Inc. Doc. 41 Case 3:02-cv-01991-JSW Document 41 Filed 01/03/2003 Page 1 of 4 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 BRINKS HOFER GILSON & LIONE JACK C. BERENZWEIG (Admitted Pro Hac Vice) WILLIAM H. FRANKEL (Admitted Pro Hac Vice) JASON C. WHITE (Admitted Pro Hac Vice) CHARLES M. MCMAHON (Admitted Pro Hac Vice) NBC Tower - Suite 3600 455 North Cityfront Plaza Drive Chicago, Illinois 60611 Telephone: (312) 321-4200 Facsimile: (312) 321-4299 Attorneys For Plaintiff OVERTURE SERVICES, INC. KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 JON B. STREETER - #101970 DARALYN J. DURIE - #169825 MICHAEL S. KWUN - #198945 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION OVERTURE SERVICES, INC., a Delaware corporation, Plaintiff, v. GOOGLE INC., a California corporation, Defendant. Case No. C 02-01991 CRB ADR JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER Judge: Hon. Charles R. Breyer On October 21, 2002, the Court entered a stipulated order staying Google's deadline for serving Preliminary Invalidity Contentions pursuant to Patent L.R. 3-3, as well as the other deadlines set by the Patent Local Rules, pending resolution by a Magistrate Judge of Google's 1 304245.02 JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 CRB ADR Dockets.Justia.com Case 3:02-cv-01991-JSW Document 41 Filed 01/03/2003 Page 2 of 4 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 motion for an extension of time. The stipulated order further provided, "Within ten court days of the date of the order by the Magistrate Judge resolving Google's motion, the parties shall file with the Court a joint case management statement addressing any scheduling modifications that may be necessary in light of the Magistrate Judge's order." Magistrate Judge Laporte heard argument on Google's motion on December 18, 2002. The Magistrate Judge ordered that, among other things, Overture should serve revised versions of its Preliminary Infringement contentions in part by January 14, 2003 and in part by January 31, 2003, and that Google should serve its Preliminary Infringement Contentions by February 14, 2003. The Magistrate Judge also entered a minute order later that day stating that Google's motion had been granted. As directed by the Magistrate Judge, the parties met and conferred and reached an agreement as to form for a written order, and counsel for Google submitted the order to the Magistrate Judge by electronic mail on December 19, 2002, and by messenger on December 20, 2002. The written order has not yet entered, but the parties expect that it will enter shortly in the form agreed upon by the parties. Based on the dates in Magistrate Judge Laporte's ruling, the parties hereby jointly propose the following modifications to the case management schedule in this case: Event Last Day for Simultaneous Exchange of Proposed Terms and Claim Elements for Construction and/or Governed by 35 U.S.C. 112 6 Last Day for Simultaneous Exchange of Preliminary Claim Constructions and Extrinsic Evidence Last Day for Parties to File Joint Claim Construction and Prehearing Statement Last Day to Take Discovery Relating to Claim Construction Last Day for Overture to File Opening Claim Construction Brief and Supporting Evidence Last Day for Google to File Responsive Claim Construction Brief and Supporting Evidence 2 Patent L.R. 4-1 Old Date 11/14/02 New Date 3/3/03 4-2 12/4/02 3/24/03 4-3 4-4 4-5 4-5 12/30/02 1/29/03 2/13/03 2/27/03 4/15/03 5/15/03 5/30/03 6/13/03 304245.02 JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 CRB ADR Case 3:02-cv-01991-JSW Document 41 Filed 01/03/2003 Page 3 of 4 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 Event Last Day for Overture to File Reply Claim Construction Brief and Rebuttal Evidence Technology Tutorial for Court and Claim Construction Prehearing Conference Claim Construction Hearing Patent L.R. 4-5 Old Date 3/10/03 3/24/03 New Date 6/24/03 On or after 7/8/03 On or after 7/9/03 4-6 3/25/03 If Magistrate Judge Laporte revises the order agreed upon by the parties prior to signing it, and if the changes necessitate further modifications to the case management schedule, the parties will submit a further joint case management schedule. Dated: January 3, 2003 BRINKS HOFER GILSON & LIONE By: s/ Charles M. McMahon ______________ CHARLES M. MCMAHON Attorneys for Plaintiff OVERTURE SERVICES, INC. Dated: January 3, 2003 KEKER & VAN NEST, LLP By: s/ Michael S. Kwun__________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC. Good cause appearing, the foregoing modifications to the case management schedule in this case are hereby adopted by the Court. IT IS SO ORDERED. Dated: By: __________________________________ THE HON. CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 3 304245.02 JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 CRB ADR Case 3:02-cv-01991-JSW Document 41 Filed 01/03/2003 Page 4 of 4 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 I hereby attest that concurrence in the filing of this document has been obtained from Charles M. McMahon. Dated: January 3, 2003 KEKER & VAN NEST, LLP By: s/ Michael S. Kwun__________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC. 4 304245.02 JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 CRB ADR

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