Cybersource Corporation v. Retail Decision, Inc. et al

Filing 161

STIPULATION AND ORDER MODIFYING CLAIM CONSTRUCTION AND SUMMARY JUDGMENT DEADLINES; Claim construction Hearing reset for 3/19/2009 09:00 AM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 1/5/2009. (awb, COURT-STAFF) (Filed on 1/6/2009)

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KARL J. KRAMER (CA SBN 136433) [e-mail] MARC J. PERNICK (CA SBN 160591) [e-mail] MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: [phone] J. RYAN GILFOIL (CA SBN 246493) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff CYBERSOURCE CORPORATION

MARK D. ROWLAND (CA SBN 157862) [e-mail] ROPES & GRAY LLP 1900 University Avenue, 6th Floor East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] JAMES R. MYERS (Pro Hac Vice) ROPES & GRAY LLP 700 12th Street, NW, Suite 900 Washington, D.C. 20005-3948 J. STEVEN BAUGHMAN (Pro Hac Vice) ROPES & GRAY LLP Yusen Building 2F, 2-3-2 Marunouchi Chiyoda-ku, Tokyo, Japan 100-0005 SCOTT J. BORNSTEIN (Pro Hac Vice) GREENBERG TRAURIG, LLP MetLife Building New York, NY 10166 Telephone: [phone] Facsimile: [phone] JOHN P. WARD (SBN: 163576) [e-mail] JAMES W. SOONG (SBN: 196092) [e-mail] GREENBERG TRAURIG, LLP 1900 University Avenue, Fifth Floor East Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant RETAIL DECISIONS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CYBERSOURCE CORPORATION, Plaintiff, v. RETAIL DECISIONS, INC., Defendant.

Case No.

3:04-CV-03268-MHP

STIPULATION AND PROPOSED ORDER REGARDING CLAIM CONSTRUCTION AND SUMMARY JUDGMENT DEADLINES

STIPULATION & PROPOSED ORDER REGARDING CLAIM CONSTRUCTION AND SUMMARY JUDGMENT DEADLINES CASE NO. 3:04-CV-03268-MHP

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Subject to the Court's approval, Plaintiff CyberSource Corporation and Defendant Retail Decisions, Inc. (collectively, the "Parties"), by and through their respective attorneys, hereby stipulate that, in order to accommodate counsel's travel schedules and the efficient briefing of the issues discussed below: 1. In connection with ReD's motion for summary judgment of invalidity as discussed

at the October 6, 2008 hearing in this matter (as to which no previous extensions of time have been made): · ReD's motion, presently scheduled to be submitted on January 12, 2009, will be submitted on January 26, 2009; · CyberSource's response, presently scheduled to be submitted on January 26, 2009, will be submitted on February 16, 2009; and, · Subject to the convenience of the Court, the hearing relating to this motion presently scheduled to take place on February 2, 2009, will be moved to February 23, 2009, or such other time as the Court directs. 3. In connection with the current deadlines for claim construction identified below

(as to which there have been prior extensions): · The claim construction discovery deadline presently scheduled for January 30, 2009, will be changed to February 6, 2009; · CyberSource's opening claim construction brief, currently due February 6, 2009, will be filed by February 13, 2009; · ReD's responsive claim construction brief, currently due February 20, 2009, will be filed by February 27, 2009; · CyberSource's reply claim construction brief, currently due February 27, 2009, will be filed by March 6, 2009; and · Subject to the convenience of the Court, the claim construction hearing presently 19 scheduled to take place on March 6, 2009, will be moved to March 11, 2009, or such other time as the Court directs.
STIPULATION & PROPOSED ORDER REGARDING CLAIM CONSTRUCTION AND SUMMARY JUDGMENT DEADLINES CASE NO. 3:04-CV-03268-MHP

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4.

Pursuant to Local Rule 6-2(a)(3), these time modifications would have no other

effect on the schedule for the case.

Dated: December 23, 2008

KARL J. KRAMER MARC J. PERNICK J. RYAN GILFOIL MORRISON & FOERSTER LLP

By: /s/ Marc J. Pernick Marc J. Pernick [e-mail] Attorneys for Plaintiff CYBERSOURCE CORPORATION Dated: December 23, 2008 SCOTT J. BORNSTEIN JAMES W. SOONG GREENBERG TRAURIG, LLP JAMES R. MYERS MARK D. ROWLAND J. STEVEN BAUGHMAN ROPES & GRAY LLP

By: /s/ J. Steven Baughman J. Steven Baughman Attorneys for Defendant RETAIL DECISIONS, INC.

STIPULATION & PROPOSED ORDER REGARDING CLAIM CONSTRUCTION AND SUMMARY JUDGMENT DEADLINES CASE NO. 3:04-CV-03268-MHP

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

1/5/2009 Dated: ________________

_______________________________________ HON. MARILYN H. ES T PATEL

UNIT ED

UNITED STATES DISTRICT JUDGE

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I, J. STEVEN BAUGHMAN, am the ECF User whose ID and password are being used to file this STIPULATION AND PROPOSED ORDER REGARDING CLAIM CONSTRUCTION DEADLINES. In compliance with General Order 45, X.B., I hereby attest that MARC J. PERNICK has concurred in this filing. Dated: December 23, 2008 ROPES & GRAY LLP By: /s/ J. Steven Baughman

STIPULATION & PROPOSED ORDER REGARDING CLAIM CONSTRUCTION AND SUMMARY JUDGMENT DEADLINES CASE NO. 3:04-CV-03268-MHP

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