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

Filing 60

ORDER GRANTING 59 Stipulated Request for Fourth Order Enlarging Time. Signed by Judge Jeffrey S. White on November 10, 2009. (jswlc2, COURT STAFF) (Filed on 11/10/2009)

Case3:06-cv-02026-JSW Document59

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MICHAEL E. DERGOSITS (SBN 118206) TEDDY K. JOE (SBN 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

ROTHWELL, FIGG, ERNST & MANBECK, P.C. R. Danny Huntington (pro hac vice) 1425 K Street, N.W. Suite 800 Washington, D.C. 20005 Main No.: [phone] Fax No.: [phone] Email: [e-mail] LAW OFFICE OF JUDITH S.H. HOM JUDITH S.H. HOM (SBN 203482) 236 West Portal Ave. #500 San Francisco, CA 94127 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant VA FILTRATION USA LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VINOVATION, INC., a California corporation, and OENOVATION INTERNATIONAL LLC, a California corporation, v. Plaintiffs,

Civil Action No.: 3:06-cv-02026-JSW STIPULATED REQUEST FOR FOURTH ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2 AND ORDER THEREON

VA FILTRATION USA LLC, a California corporation, Defendant.

STIP. REQ. FOR FOURTH ORDER ENL. TIME

Case No.: 3:06-cv-02026-JSW

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WHEREAS, a Case Management Conference was held for this case on August 7, 2009; and the Court issued an Amended Order Scheduling Trial and Pretrial Matters on August 11, 2009 (D.I. 49); WHEREAS, a Stipulated Request for an Order Enlarging Time pursuant to Civil L.R. 6-2 was filed on August 14, 2009 (D.I. 52) and the Order granted on August 17, 2009 (D.I. 54); WHEREAS, a Stipulated Request for an Order Enlarging Time pursuant to Civil L.R. 6-2 was filed on October 19, 2009 (D.I. 55) and the Order granted on October 20, 2009 (D.I. 56); WHEREAS, a Stipulated Request for an Order Enlarging Time pursuant to Civil L.R. 6-2 was filed on October 30, 2009 (D.I. 57) and the Order granted on November 2, 2009 (D.I. 58); WHEREAS, pursuant to the Court's Order Enlarging Time and the previous amended scheduling order, Defendant VA Filtration USA LLC's Invalidity Contentions pursuant to Patent L.R. 3-3 are to be served on all parties by November 9, 2009; and all parties are to exchange Proposed Terms for Construction pursuant to Patent L.R. 4-1 by November 18, 2009 and Preliminary Claim Constructions pursuant to Patent L.R. 4-2 by November 30, 2009; WHEREAS, the parties exchanged multiple drafts of a Memorandum of Understanding ("MOU") and are currently working diligently on finalizing the MOU and then preparing a complete settlement agreement; WHEREAS, the undersigned counsel, met, conferred and agreed that the dates for service of Patent L.R. 3-3 Disclosures, Patent L.R. 4-1 Terms and the Patent L.R. 4-2 Joint Claim Construction Statement should be extended for a thirty day period as follows:

Event

Old Deadline

New Deadline December 9, 2009

Invalidity Contentions (Patent L R. November 9, 2009 3-3, 3-4) Proposed Terms for Construction (Patent L.R. 4-1(a)) File Joint Claim Construction Statement (Patent L.R. 4-4)
STIP. REQ. FOR FOURTH ORDER ENL. TIME

November 18, 2009

December 18, 2009

November 30, 2009

December 30, 2009

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Case No.: 3:06-cv-02026-JSW

Case3:06-cv-02026-JSW Document59

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Other Patent Local Rule Deadlines, Trial Dates and Pretrial Dates set by the court in its August 11, 2009 Order will not be effected. NOW THEREFORE, IT IS STIPULATED, AGREED AND ORDERED that the date for serving Invalidity Contentions shall be extended to December 9, 2009; and the date for exchanging Proposed Terms for Construction shall be extended to December 18, 2009; and the date for filing the Joint Claim Construction Statement shall be extended to December 30, 2009.

Dated: November 9, 2009

ROTHWELL, FIGG, ERNST & MANBECK

By:

/s/ Danny Huntington Attorney for Defendant VA FILTRATION USA LLC

Dated: November 9, 2009

DERGOSITS & NOAH LLP

By:

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

PURSUANT TO STIPULATION, IT IS SO ORDERED. November 10, 2009 DATED: ________________ By:_________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

STIP. REQ. FOR FOURTH ORDER ENL. TIME

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Case No.: 3:06-cv-02026-JSW