Vinovation, Inc. et al v. VA Filtration USA LLC

Filing 40

ORDER re 39 Status Report and Scheduling a Status Conference.. Signed by Judge Jeffrey S. White on 5/19/09. (jjo, COURT STAFF) (Filed on 5/19/2009)

Case 3:06-cv-02026-JSW

Document 39

Filed 05/18/2009

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MICHAEL E. DERGOSITS (State Bar No. 118206) TEDDY K. JOE (State Bar No. 242589) DERGOSITS & NOAH, LLP Three Embarcadero Center, Suite 410 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiffs VINOVATION, INC. and OENOVATION INTERNATIONAL LLC Judith S. H. Hom (SBN 203482) Sheila Pierce (SBN 232610) BINGHAM McCUTCHEN LLP 1900 University Ave. East Palo Alto, CA 94303-2223 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendant VA FILTRATION USA LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

VINOVATION, INC., a California corporation, ) Civil Action No.: 3:06-cv-02026-JSW and OENOVATION INTERNATIONAL LLC, ) a California corporation, ) JOINT INTERIM STATUS REPORT OF ) MAY 18, 2009 Plaintiffs, ) AND ORDER SETTING STATUS v. ) ) CONFERENCE VA FILTRATION USA LLC, a California ) corporation, ) ) ) Defendant. ) ) )

­1­ JOINT INTERIM STATUS REPORT OF MAY 18, 2009 Civil Action No. 3:06-cv-02026-JSW

Case 3:06-cv-02026-JSW

Document 39

Filed 05/18/2009

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On December 14, 2006, this Court granted the parties' stipulation to stay this action until twenty-one days after a Final Determination on Defendant's Request for Re-Examination of U.S. Patent No. 5,480,665 (the `665 patent) (D.I. 28). On June 15, 2007, this Court issued an Order Requiring Joint Status Reports (D.I. 29). The parties submitted Joint Status Reports on June 27, 2007 (D.I. 30); March 3, 2008 (D.I. 32); June 2, 2008 (D.I. 33); December 2, 2008 (D.I. 34); and March 19, 2009 (D.I. 36). The Ex Parte Re-Examination Certificate for the `665 patent issued on December 19, 2008 (see Exhibit A to D.I. 36). Since the most recent Status Report, there has been an exchange of proposals to resolve the entire case. In order for the parties to finalize these discussions, the parties request a two week period to attempt to complete settlement of this action. The parties will submit an updated Joint Status Report on or before June 1, 2009.

Dated: May 18, 2009

DERGOSITS & NOAH LLP

By:

/s/ Michael E. Dergosits Attorney for Plaintiffs VINOVATION, INC. and OENOVATION INTERNATIONAL LLC

Dated: May 18, 2009

BINGHAM McCUTCHEN LLP

By:

/s/ Judith Hom Attorney for Defendant VA FILTRATION USA LLC

The request to continue the stay is GRANTED. The Court ORDERS the parties to appear for a status conference on June 12, 2009 at 1:30 p.m. The parties shall submit a joint status report by no later than June 5, 2009. Should the Court receive a proposed stipulation of dismissal, the case shall be terminated and the status conference vacated. Dated: May 19, 2009
JOINT INTERIM STATUS REPORT OF MAY 18, 2009 Civil Action No. 3:06-cv-02026-JSW ­2­

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE