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

Filing 64

ORDER granting 63 Stipulation For Request for Order Enlarging Time Pursuant to Civil L.R. 6-2. Signed by Judge JEFFREY S. WHITE on 12/10/09. (jjo, COURT STAFF) (Filed on 12/10/2009)

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Case3:06-cv-02026-JSW Document63 Filed12/09/09 Page1 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 MICHAEL E. DERGOSITS (SBN 118206) TEDDY K. JOE (SBN 242589) DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 San Francisco, CA 94111 Telephone: (415) 705-6377 Facsimile: (415) 750-6383 Email: mdergosits@dergnoah.com Email: tjoe@dergnoah.com 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.: (202) 783-6040 Fax No.: (202) 783-6031 Email: dhuntington@rfem.com LAW OFFICE OF JUDITH S.H. HOM JUDITH S.H. HOM (SBN 203482) 236 West Portal Ave. #500 San Francisco, CA 94127 Telephone: (415) 845-6220 Facsimile: (415) 665-5933 Email: jshom@me.com 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 ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2 AND ORDER THEREON VA FILTRATION USA LLC, a California corporation, Defendant. STIP. REQ. FOR ORDER ENL. TIME Case No.: 3:06-cv-02026-JSW Case3:06-cv-02026-JSW Document63 Filed12/09/09 Page2 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 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 a Stipulated Request for an Order Enlarging Time pursuant to Civil L.R. 6-2 was filed on November 9, 2009 (D.I. 59) and the Order granted on November 10, 2009 (D.I. 60); 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 December 9, 2009; and all parties are to exchange Proposed Terms for Construction pursuant to Patent L.R. 4-1 by December 18, 2009 and Preliminary Claim Constructions pursuant to Patent L.R. 4-2 by December 30, 2009; WHEREAS, the parties have finalized and executed today a Memorandum of Understanding (MOU) that provides the basis of the settlement agreement and are in the process of working diligently to meet the obligations of the MOU including placing funds into escrow for settlement; 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 Preliminary Claim Constructions should be extended for a one month period as agreed to in the MOU: Event Old Deadline New Deadline January 8, 2010 Invalidity Contentions (Patent L R. December 9, 2009 3-3, 3-4) Proposed Terms for Construction (Patent L.R. 4-16) STIP. REQ. FOR ORDER ENL. TIME December 18, 2009 January 18, 2010 1 Case No.: 3:06-cv-02026-JSW Case3:06-cv-02026-JSW Document63 Filed12/09/09 Page3 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 Preliminary Claim Construction (Patent L.R. 4-4) December 30, 2009 January 29, 2010 WHEREAS, the Amended Order Scheduling Trial and Pretrial Matters on August 11, 2009 (D.I. 49) set the dates for service of Patent L.R. 4-3 Joint Claim Construction and Prehearing Statement due on December 4, 2009, Patent L.R. 4-4 for Discovery on Claim Construction to be complete by January 4, 2010, Patent L.R. 4-5(a) for filing and exchanging the Claim Construction Brief on January 18, 2010, Patent L.R. 4-5(b) for filing and exchanging the Response to the Claim Construction Brief on February 1, 2010, Patent L.R. 4-5(c) for filing and exchanging the Reply to the Claim Construction Brief on February 10, 2010, and the Tutorial for the Court on February 17, 2010. WHEREAS, the undersigned counsel, met, conferred and agreed that the dates for service of Patent L.R. 4-3 Joint Claim Construction Prehearing Statement, Patent L.R. 4-4 Date to Complete Claim Construction Discovery, Patent L.R. 4-5(a) Claim Construction Brief, Patent L.R. 4-5(b) Response to Claim Construction Brief and the Patent L.R. 4-5(c) Reply to Claim Construction Brief should be extended pursuant to the MOU as follows: Event Joint Claim Construction and Prehearing Statement (Patent L R. 4-3) Last Day to Complete All Discovery Relating to Claim Construction (Patent L.R. 4-4) Claim Construction Brief (Patent L.R. 4-5(a)) Response to Claim Construction Brief (Patent L.R. 4-5(b)) Reply to Claim Construction Brief STIP. REQ. FOR ORDER ENL. TIME Old Deadline December 4, 2009 New Deadline January 29, 2010 January 4, 2010 February 4, 2010 January 18, 2010 February 18, 2010 February 1, 2010 March 1, 2010 February 10, 2010 March 10, 2010 Case No.: 3:06-cv-02026-JSW -2- Case3:06-cv-02026-JSW Document63 Filed12/09/09 Page4 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 (Patent L.R. 4-5(c)) Tutorial (Court Set) February 17, 2010 TBD by Court Other Patent Local Rule Deadlines, Patent Trial Dates, and Pretrial Dates set by the Court in its August 11, 2009 Order will not be affected. NOW THEREFORE, IT IS STIPULATED, AGREED AND ORDERED that the date for serving Invalidity Contentions shall be extended to January 8, 2010; and the date for exchanging Proposed Terms for Construction shall be extended to January 18, 2010; date for exchanging Preliminary Claim Construction shall be extended to January 29, 2010; date for filing a Joint Claim Construction Statement shall be extended to January 29, 2010; the Last Day to Complete All Discovery Relating to Claim Construction shall be extended to February 4, 2010; date for filing and exchanging the Claim Construction Brief shall be extended to February 18, 2010; date for filing and exchanging the Response to the Claim Construction Brief shall be extended to March 1, 2010; the date for filing and exchanging the Reply to Claim Construction Brief shall be extended to March 10, 2010; and the date for the Tutorial for the Court to be reset by the Court March 24, 2010 at 1:30 p.m.; Claims Construction hearing on March 31, 2010 at 1:30 p.m. for the date of __________________________________. Dated: December 9, 2009 LAW OFFICE OF JUDITH S.H. HOM By: Judith Hom /s/ Attorney for Defendant VA FILTRATION USA LLC Dated: December 9, 2009 DERGOSITS & NOAH LLP By: /s/ Michael E. Dergosits Case No.: 3:06-cv-02026-JSW STIP. REQ. FOR ORDER ENL. TIME -3- Case3:06-cv-02026-JSW Document63 Filed12/09/09 Page5 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 STIP. REQ. FOR ORDER ENL. TIME Attorney for Plaintiffs VINOVATION, INC. and OENOVATION INTERNATIONAL LLC PURSUANT TO STIPULATION, IT IS SO ORDERED. December 10, 2009 DATED: ________________ By:_________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE -4- Case No.: 3:06-cv-02026-JSW

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