Overture Services, Inc. v. Google Inc.

Filing 51

JOINT CASE MANAGEMENT STATEMENT (FURTHER) filed by Google Inc.. (Attachments: # 1 Proposed Order Case Management Order)(Kwun, Michael)

Overture Services, Inc. v. Google Inc.

Doc. 51

Case 3:02-cv-01991-JSW

Document 51

Filed 02/06/2003

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: [phone] Facsimile: [phone] 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: [phone] Facsimile: [phone] 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 JSW ADR FURTHER JOINT CASE MANAGEMENT STATEMENT Judge: Hon. Jeffrey S. White

Plaintiff Overture Services, Inc. ("Overture") and defendant Google Inc. ("Google") hereby submit this Further Joint Case Management Statement, and request that the Court adopt the proposed Case Management Order that is being filed herewith. This Further Joint Case 1

306636.02

FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 JSW ADR
Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 51

Filed 02/06/2003

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

Management Statement omits discussion of the background and procedural history of this case. Those matters were fully discussed in the parties' January 24, 2003 Joint Case Management Statement. Discovery and Claim Construction Schedule In the January 24, 2003 Joint Case Management Statement, the parties proposed a schedule for discovery and claim construction that was similar to the schedule set by the orders dated January 6 and 7, 2003 by Magistrate Judge Laporte and Judge Breyer. However, due to technical difficulties with Overture's production of source code, the dates in the schedule then proposed by the parties were one week later than the dates previously ordered by Magistrate Judge Laporte and Judge Breyer. The Court adopted the parties' proposed schedule in a Case Management Order dated January 31, 2003. Since the submission of the January 24, 2003 Joint Case Management Statement, Google encountered similar technical difficulties with its production of source code. Google is in the process of correcting its source code production. Due to the time necessary to make these corrections, the parties agree that a further extension of case management deadlines is necessary. The parties therefore jointly propose the following changes to the case management schedule: Event Last Day for the Parties to Exchange Source Code Responsive to Discovery Requests Served Prior to December 18, 2002, Subject to Any Appropriate Objections Last Day for Overture to Serve Revised Preliminary Infringement Contentions with Respect to Claim 14 of the '361 Patent Last Day for Google to Serve Preliminary Invalidity Contentions Last Day for Simultaneous Exchange of Proposed Terms and Claim Elements for Construction and/or Governed by 35 U.S.C. § 112 ¶ 6 3-1 Patent L.R. Old Date New Date

1/24/03

2/14/03

2/7/03

2/28/03

3-3

2/21/03

3/14/03

4-1

3/10/03

3/31/03

2
306636.02

FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 JSW ADR

Case 3:02-cv-01991-JSW

Document 51

Filed 02/06/2003

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 Simultaneous Exchange of Preliminary Claim Constructions and Extrinsic Evidence Last Day for Parties to File Joint Claim Construction and Prehearing Statement Last Day to Complete Mediation before a Private Mediator Last Day to Take Discovery Relating to Claim Construction Case Management Conference 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 Last Day for Overture to File Reply Claim Construction Brief and Rebuttal Evidence Technology Tutorial for Court and Claim Construction Prehearing Conference Technology Tutorial for Court and Claim Construction Prehearing Conference

Patent L.R. 4-2

Old Date 3/31/03

New Date 4/21/03

4-3

4/22/03 4/28/03

5/13/03 5/19/03 6/12/03 6/13/03, 3:00 p.m. 6/27/03 7/11/03 7/22/03 On or after 8/5/03 On or after 8/5/03

4-4

5/22/03 5/23/03, 3:00 p.m.

4-5 4-5 4-5 4-6 4-6

6/6/03 6/20/03 7/1/03 7/16/03, 8:30 a.m. 7/17/03, 8:30 a.m.

The parties do not, at this time, anticipate that there will be a need to extend these dates further, should the Court adopt the schedule proposed above. Dated: February 6, 2003 BRINKS HOFER GILSON & LIONE

By: /s/ Charles M. McMahon ______________ CHARLES M. MCMAHON Attorneys for Plaintiff OVERTURE SERVICES, INC.

3
306636.02

FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 JSW ADR

Case 3:02-cv-01991-JSW

Document 51

Filed 02/06/2003

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

Dated: February 6, 2003

KEKER & VAN NEST, LLP

By: /s/ Michael S. Kwun _________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC. I hereby attest that concurrence in the filing of this document has been obtained from Charles M. McMahon. Dated: February 6, 2003 KEKER & VAN NEST, LLP

By: /s/ Michael S. Kwun _________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC.

4
306636.02

FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. C 02-01991 JSW ADR