Overture Services, Inc. v. Google Inc.

Filing 58

STIPULATION Stipulated Request for an Order Changing Time; Declarationof Michael S. Kwun in Support Thereof by Google Inc.. (Attachments: # 1 Proposed Order Granting Stipulaed Request for an Order Changing Time)(Kwun, Michael)

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Overture Services, Inc. v. Google Inc. Doc. 58 Case 3:02-cv-01991-JSW Document 58 Filed 03/31/2003 Page 1 of 5 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 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 JSW ADR STIPULATED REQUEST FOR AN ORDER CHANGING TIME; DECLARATION OF MICHAEL S. KWUN IN SUPPORT THEREOF STIPULATED REQUEST FOR ORDER CHANGING TIME Plaintiff Overture Services, Inc. ("Overture") and defendant Google Inc. ("Google") 1 309747.02 STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 JSW ADR Dockets.Justia.com Case 3:02-cv-01991-JSW Document 58 Filed 03/31/2003 Page 2 of 5 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 jointly request, pursuant to Civil L.R. 6-2, that the Court modify the case management schedule applicable to this case, for the following reasons: (1) Pursuant to the current Case Management Schedule and Patent L.R. 3-3 and 3-4, Google served its Preliminary Invalidity Contentions on Overture on March 14, 2003. (2) On March 21, 2003, Overture requested that Google supplement its Preliminary Invalidity Contentions by no later than March 28, 2003, so that they comply with Patent Local Rule 3-3. (3) On March 26, 2003, Google stated that it would be willing to supplement its Preliminary Invalidity Contentions as requested, so long as it was given thirty days to do so, consistent with the thirty days Overture was given to supplement its Preliminary Infringement Contentions after Magistrate Judge Laporte granted Google's motion regarding Overture's Preliminary Infringement Contentions. (4) On March 28, 2003, Overture offered to stipulate that Google could have until April 25, 2003 to supplement its Preliminary Invalidity Contentions, so long as Google stipulated to a similar extension of all related case management dates, which are dependent upon Google's Preliminary Invalidity Contentions, subject to Court approval. In order to resolve the parties' respective concerns regarding Google's Preliminary Invalidity Contentions, the parties therefore request that the Court adopt the following changes to the Court's February 7, 2003 Second Case Management Order, as amended by the Court's March 7, 2003 Order Granting Stipulation, which extended the last day to complete private mediation to July 31, 2003. Specifically, the parties request that the Court adopt the following modifications to the Case Management Schedule: Event Last Day for Google to Supplement Its 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 3/31/03 Old Date New Date 4/25/03 5/12/03 2 309747.02 STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 JSW ADR Case 3:02-cv-01991-JSW Document 58 Filed 03/31/2003 Page 3 of 5 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 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 Last Day to Complete Mediation before a Private Mediator Technology Tutorial for Court and Claim Construction Prehearing Conference Claim Construction Hearing Old Date 4/21/03 New Date 6/2/03 5/13/03 6/12/03 6/13/03, 3:00 p.m. 6/27/03 7/11/03 7/22/03 7/31/03 8/6/03, 8:30 a.m. 8/7/03, 8:30 a.m. 6/24/03 7/24/03 7/25/03, 3:00 p.m. 8/8/03 8/22/03 9/3/03 9/22/03 On or after 9/29/03 On or after 9/29/03 The Declaration of Michael S. Kwun, below, provides the information required by Civil L.R. 6-2(a)(1)-(3), as well as the attestation required by Section X(B) of the General Order 45. Dated: March 31, 2003 BRINKS HOFER GILSON & LIONE By: /s/ Jason C. White __________________ JASON C. WHITE Attorneys for Plaintiff OVERTURE SERVICES, INC. 3 309747.02 STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 JSW ADR Case 3:02-cv-01991-JSW Document 58 Filed 03/31/2003 Page 4 of 5 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: March 31, 2003 KEKER & VAN NEST, LLP By: /s/ Michael S. Kwun ________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC. DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF STIPULATED REQUEST FOR ORDER CHANGING TIME I, Michael S. Kwun, declare as follows: 1. I am an associate at the law firm of Keker & Van Nest, LLP, counsel of record for Google in the above-captioned matter. I make this declaration in support of the parties' Stipulated Request for an Order Changing Time. I make the following declaration based upon my personal knowledge, and could and would testify thereto under oath if called upon to do so. 2. The parties request the foregoing modifications in order to resolve the parties' respective concerns regarding Google's Preliminary Invalidity Contentions, as set forth in the above Stipulated Request for an Order Changing Time. 3. Court order: (a) Judge Breyer's October 8, 2002 Order Granting Google's Motion for an The following previous time modifications have been made by stipulation or Extension of Time, which subsequently was vacated on October 17, 2002. (b) Judge Breyer's October 21, 2002 Order granting the parties' stipulated request to stay case management dates pending resolution by a Magistrate Judge of Google's motion regarding Overture's Preliminary Infringement Contentions. (c) Magistrate Judge Laporte's December 18, 2002 Minute Order and January 7, 2003 Order granting Google's motion regarding Overture's Preliminary Infringement Contentions. (d) (e) (f) The Court's January 9, 2003 Case Management Order. The Court's February 7, 2003 Second Case Management Order. The Court's March 7, 2003 Order Granting Stipulation, which extended 4 STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 JSW ADR 309747.02 Case 3:02-cv-01991-JSW Document 58 Filed 03/31/2003 Page 5 of 5 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 last day to complete private mediation to July 31, 2003. 4. The modification requested by the parties in the above Stipulated Request for an Order Changing Time would reschedule the claim construction tutorial and hearing, and other associated dates. 5. Prior to filing the above Stipulated Request for an Extension of Time, I sent it to Jason C. White for his review, and he authorized me to file the Stipulated Request on his behalf. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 31st day of March 2003 at San Francisco, California. /s/ Michael S. Kwun ____________________ MICHAEL S. KWUN 5 309747.02 STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 JSW ADR

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