Formfactor, Inc. v. Micronics Japan Co. Ltd. et al

Filing 93

ORDER GRANTING #92 Stipulation Re Changes to Pre-Trial Dates Relating to an Amended Complaint. Signed by Judge Jeffrey S. White on 6/14/10. (jjo, COURT STAFF) (Filed on 6/14/2010)

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William J. Robinson (SBN 83729) Victor de Gyarfas (SBN 171950) FOLEY & LARDNER LLP 555 South Flower Street Suite 3500 Los Angeles, CA 90071 Telephone: [phone] Facsimile: 213-486-0065 [e-mail] [e-mail] Attorneys for Plaintiff FORMFACTOR, INC. Juanita R. Brooks, CA SBN 75934 [e-mail] FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: 858-678-5090

Tamara Fraizer, CA SBN 215942 [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: 650-839-5071 John E. Giust MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130 Telephone: [phone] Facsimile: 858-320-3001 [e-mail] Attorneys for Defendants MICRONICS JAPAN CO. LTD and MJC ELECTRONICS CORP.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) FORMFACTOR, INC., a Delaware corporation, Plaintiff, v. MICRONICS JAPAN CO., LTD., a Japanese corporation; and, MJC ELECTRONICS CORP., a Delaware corporation, Defendants. Case No. 3:06-CV-07159 JSW THIRD STIPULATION RE CHANGES TO PRE-TRIAL DATES RELATING TO AN AMENDED COMPLAINT AND [PROPOSED] ORDER

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THIRD STIPULATION RE CHANGES TO PRE-TRIAL DATES RELATING TO AN AMENDED COMPLAINT AND [PROPOSED] ORDER Case No. 3:06-CV-07159 JSW

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Plaintiff FormFactor, Inc. and defendants Micronics Japan Co., Ltd. and MJC Electronics Corp. have been continuing ongoing settlement discussions and believe that they are close to settling the case, but believe that a continuance of certain pretrial dates will be conducive to furthering prospects of settlement. The parties initially stipulated, subject to this Honorable Court's approval, and this Court approved a four week continuance of the time to file a motion to amend the complaint. That stipulation was approved by the Court on May 3, 2010. The parties then continued settlement discussions but required an additional two weeks for settlement discussions and hoped that settlement could be accomplished in that time. That stipulation was approved by the Court on May 27, 2010. The parties have made significant progress toward settlement, but a small number of issues remain to be resolved. The parties, however, expect they will be able to resolve them if given another extension of time. The parties now believe that a continuation of two more weeks will be necessary. Accordingly, pursuant to Civil Local Rule 6-2(a) and 6-1(b), and subject to the approval of this Honorable Court, the parties stipulate to a 14 day further continuance of the dates relating to the filing of a Motion to Amend the complaint and dates related thereto, as follows. Alternatively, the parties request that the Court take the dates for the Motion to Amend off-calendar, and, if the parties have not settled by June 28, 2010, the parties will propose a new schedule by June 30, 2010.

THIRD STIPULATION RE CHANGES TO PRE-TRIAL DATES RELATING TO AN AMENDED COMPLAINT AND [PROPOSED] ORDER Case No. 3:06-CV-07159 JSW

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EVENT FormFactor Files Motion to Amend Complaint Defendants' Opposition to Motion to Amend FormFactor Reply to Defendants Opposition re Motion to Amend Hearing on motion to amend complaint

Date Set By 5/27/10 Order June 14, 2010 June 28, 2010 July 8, 2010

Newly Stipulated To Date June 28, 2010 July 12, 2010 July 22, 2010 August 13, 2010, or subject to the Court's availability and preference

July 30, 2010

The extension of time required to file a motion to amend the complaint will also impact the disclosure of asserted claims and preliminary infringement contentions and the dates that follow that disclosure. Accordingly, the parties also request that those dates be modified as follows. EVENT Disclosure of Asserted Claims and Preliminary Infringement Contentions ­ PLR 3-1 Document Production ­ PLR 3-2 Preliminary Invalidity Contentions PLR 3-1, 3-2 Exchange Proposed Terms And Claim Elements for Claim Construction - PLR 4-1 Meet and Confer re Claim terms ­ PLR 4-1 Exchange of Preliminary Claim Constructions and Extrinsic Evidence PLR 4-2 Previously Ordered Date (by New Date Order of March 26, 2010) Monday, August 02, 2010 Monday, September 27, 2010 Monday, September 27, 2010 Friday, November 12, 2010 Friday, November 12, 2010

Monday, August 02, 2010 Friday, September 17, 2010 Friday, September 17, 2010

Friday, September 24, 2010 Friday, October 08, 2010
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Friday, November 19, 2010 Friday, December 03, 2010

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Meet and confer re Preliminary Claim Construction - PLR 4-2 Joint Claim Construction and Prehearing Statement PLR 4-3 Claim Construction Opening Brief due PLR 4-5 Completion of Claim Construction Discovery ­ PLR 4-4 Claim Construction Opposition Brief due ­ PLR 4-5 Claim Construction Reply Brief due ­ PLR 4-5 Fact discovery cutoff Deadline for joining parties Claim Construction Tutorial Claim Construction Hearing ­ PLR 4-6

Friday, October 22, 2010 Tuesday, November 30, 2010 Wednesday, December 22, 2010 Friday, December 31, 2010 Friday, January 21, 2011 Friday, February 11, 2011 Tuesday, February 22, 2011 Tuesday, February 22, 2011 Tuesday, April 05, 2011 Tuesday, April 12, 2011

Friday, December 17, 2010 Tuesday, January 25, 2011 Wednesday, February 16, 2011 Friday, February 25, 2011 Friday, March 18, 2011 Friday, April 08, 2011 Tuesday, April 19, 2011 Tuesday, April 19, 2011 Tuesday, May 31, 2011 Tuesday, June 07, 2011

Since May 3, 2010, there was a schedule modification on May 27, 2010. Since May 27, 2010 there have been no other modifications to the schedule for this case.

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This stipulation is made without prejudice to seek additional orders from the Court, subject to the approval of this Honorable Court.

Dated: June 11, 2010

/s/ William J. Robinson__ William J. Robinson FOLEY & LARDNER LLP Attorney for Plaintiff FORMFACTOR, INC.

Dated: June 11, 2010

/s/ Tamara Fraizer Tamara Fraizer FISH & RICHARDSON P.C. Attorney for Defendants MICRONICS JAPAN CO., LTD., and MJC ELECTRONICS CORP.

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Tamara Fraizer. Dated: June 11, 2010 /s/ William J. Robinson__ William J. Robinson FOLEY & LARDNER LLP
Attorney for Plaintiff FORMFACTOR, INC.

ORDER IT IS SO ORDERED. Dated: June 14, 2010 ___________________________________ UNITED STATES DISTRICT JUDGE

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