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

Filing 67

ORDER GRANTING 66 Amended STIPULATED REQUEST FOR ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2. Signed by Judge Jeffrey S. White on 2/2/10. (jjo, COURT STAFF) (Filed on 2/2/2010)

Case3:06-cv-02026-JSW Document66

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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

R. DANNY HUNTINGTON (pro hac vice) ROTHWELL, FIGG, ERNST & MANBECK, P.C. 1425 K Street, N.W. Suite 800 Washington, D.C. 20005 Main No.: [phone] Fax No.: [phone] Email: [e-mail] JUDITH S.H. HOM (SBN 203482) LAW OFFICE OF JUDITH S.H. HOM 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 AMENDED STIPULATED REQUEST FOR ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2 AND ORDER THEREON

VA FILTRATION USA LLC, a California corporation, Defendant.

AMENDED STIP. REQ. FOR 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 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 a Stipulated Request for an Order Enlarging Time pursuant to Civil L.R. 6-2 was filed on December 9, 2009 (D.I. 63) and the Order granted on December 10, 2009 (D.I. 64); WHEREAS, pursuant to the Court's Order Enlarging Time and the previous amended scheduling order, the parties are to exchange Preliminary Claim Constructions pursuant to Patent L.R. 4-2 by January 29, 2010; WHEREAS, the parties have not been able to resolve the dispute via the previous draft agreement, the parties exchanged a list of terms to be construed on January 18, 2010, and the parties have recently re-engaged in settlement discussions to see if they can reach a new agreement to resolve this case; WHEREAS, the undersigned counsel, met, conferred and agreed that the dates for service exchange of Patent L.R. 4-2 Preliminary Claim Constructions should be extended for 10 days: Event Preliminary Claim Construction (Patent L.R. 4-4) WHEREAS, the December 10, 2009 Order Enlarging Time pursuant to Civil L.R. 6-2 (D.I. 64) set the dates for service of Patent L.R. 4-3 Joint Claim Construction and Prehearing Statement due on January 29, 2010, Patent L.R. 4-4 for Discovery on Claim Construction to be
AMENDED STIP. REQ. FOR ORDER ENL. TIME

Old Deadline January 29, 2010

New Deadline February 8, 2010

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

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complete by February 4, 2010, Patent L.R. 4-5(a) for filing and exchanging the Claim Construction Brief on February 18, 2010, Patent L.R. 4-5(b) for filing and exchanging the Response to the Claim Construction Brief on March 1, 2010, Patent L.R. 4-5(c) for filing and exchanging the Reply to the Claim Construction Brief on March 10, 2010, the Tutorial for the Court on March 24, 2010, and the Claim Construction for March 31, 2010; and, 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 according to the dates in the New Deadline Column:

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. 44) 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 (Patent L.R. 4-5(c)) Tutorial (Court Set)

Old Deadline January 29, 2010

New Deadline February 9, 2010

February 4, 2010

February 22, 2010

February 18, 2010

February 22, 2010

March 1, 2010

March 4, 2010

March 10, 2010

March 11, 2010

March 24, 2010

March 24, 2010

AMENDED STIP. REQ. FOR ORDER ENL. TIME

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

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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 9 exchanging Preliminary Claim Construction shall be extended to February 8, 2010; date for filing 9 a Joint Claim Construction Statement shall be extended to February 8, 2010; the Last Day to Complete All Discovery Relating to Claim Construction shall be extended to February 22, 2010; date for filing and exchanging the Claim Construction Brief shall be extended to February 22, 2010; date for filing and exchanging the Response to the Claim Construction Brief shall be extended to March 4, 2010; the date for filing and exchanging the Reply to Claim Construction Brief shall be extended to March 11, 2010.

Dated: February 2, 2010

LAW OFFICE OF JUDITH S.H. HOM

By:

Judith Hom

/s/

Attorney for Defendant VA FILTRATION USA LLC

Dated: February 2, 2010

DERGOSITS & NOAH LLP

By:

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

PURSUANT TO STIPULATION, IT IS SO ORDERED. February 2, 2010 DATED: ________________ By:_________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

AMENDED STIP. REQ. FOR ORDER ENL. TIME

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