Network Appliance Inc. v. Sun Microsystems Inc

Filing 491

STIPULATION AND ORDER PERMITTING NetApp to File a Second Amended Reply re 475 . Signed by Judge Elizabeth D. Laporte on 8/18/09. (lmh, COURT STAFF) (Filed on 8/18/2009)

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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 MATTHEW D. POWERS (Bar No. 104795) matthew.powers@weil.com EDWARD R. REINES (Bar No. 135960) edward.reines@weil.com JEFFREY G. HOMRIG (Bar No. 215890) jeffrey.homrig@weil.com JILL J. HO (Bar No. 236349) jill.ho@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 Attorneys for Plaintiff-Counterclaim Defendant NetApp, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NETWORK APPLIANCE, INC., Plaintiff-Counterclaim, v. SUN MICROSYSTEMS, INC., Defendant-Counterclaim Case No. 3:07-CV-06053 EDL JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING NETAPP TO FILE A SECOND AMENDED REPLY JOINT STIPULATION AND [PROPOSED] ORDER RE: NETAPP'S SECOND AMENDED REPLY CASE NO. 3:07-CV-06053 EDL 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, on July 16, 2009, the parties reached agreement to permit certain of their respective Patent Local Rule infringement contentions in the 6053 and 5488 cases to be supplemented to narrow the scope of the contention-related disputes being submitted to the Court; and WHEREAS, as part of this agreement, the parties agreed that NetApp may amend its Reply in the 6053 case to assert a license defense; NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record, subject to the Court's approval, that NetApp may file a Second Amended Reply to Sun's Amended Answer and Counterclaims, a copy of which is attached hereto as Exhibit A. IT IS FURTHER STIPULATED that Sun waives notice and service of the amended pleading. Dated: August 14, 2009 WEIL, GOTSHAL & MANGE LLP /s/ Jeffrey G. Homrig Jeffrey G. Homrig ATTORNEYS FOR NETAPP, INC. Dated: August 14, 2009 Respectfully submitted, DLA PIPER LLP (US) /s/ Carrie Williamson Carrie Williamson ATTORNEYS FOR SUN MICROSYSTEMS, INC. August 18, 2009 Dated: _________________ UNIT ED S IT IS SO ORDERED. S DISTRICT TE C TA U.S. Magistrate Judge lizabeth Judge E D. Lapo rte JOINT STIPULATION AND [PROPOSED] ORDER RE: NETAPP'S SECOND AMENDED REPLY ER 2 N D I S T I C T3:07-CV-06053 EDL CASE NO. R OF A C LI FO R NIA R Honorable Elizabeth D.D IS SO O Laporte IT NO ERED RT U O RT H

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