Cloakworks, Inc v. Cloakware, Inc

Filing 46

STIPULATION AND ORDER FOR LEAVE TO SERVE AMENDED DISCLOSURES. Signed by Judge Alsup on October 20, 2008. (whalc1, COURT STAFF) (Filed on 10/20/2008) (Additional attachment(s) added on 10/21/2008: # 1 Certificate of Service) (ls, COURT STAFF).

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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 SPENCER HOSIE (CA Bar No. 101777) shosie@hosielaw.com BRUCE WECKER (CA Bar No. 078530) bwecker@hosielaw.com GEORGE F. BISHOP (CA Bar No. 89205) gbishop@hosielaw.com HOSIE RICE LLP One Market, 22nd Floor San Francisco, CA 94105 (415) 247-6000 Tel. (415) 247-6001 Fax ROBERT J. YORIO (CA Bar No. 93178) yorio@carrferrell.com CARR & FERRELL LLP 2200 Geng Road Palo Alto, CA 94303 Telephone: (650) 812-3400 Facsimile: (650) 812-3444 Attorneys for Plaintiff CLOAKWORKS, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CLOAKWORKS, INC. Case No. CV 08-02044 WHA Plaintiff, v. CLOAKWARE, INC., Defendant. STIPULATED MOTION FOR LEAVE TO SERVE AMENDED DISCLOSURES UNDER PATENT LOCAL RULES 3-1 AND 3-2 AND [PROPOSED] ORDER Pursuant to Civil Local Rule 7-12 and Patent Local Rule 3-6, Plaintiff Cloakworks, Inc. ("Plaintiff") and Defendant Cloakware, Inc. ("Defendant") hereby stipulate through their respective counsel of record as follows: STIPULATED MOTION FOR LEAVE TO SERVE AMENDED DISCLOSURES AND [PROPOSED] ORDER 1 Case No. CV-08-02044 WHA 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 September 18, 2008, plaintiff Cloakworks served its Patent Local Rules 3-1 and 3-2 Disclosure ("Disclosure"); WHEREAS, on October 1, 2008, defendant Cloakware objected to the adequacy of this Disclosure and requested that Cloakworks supplement its Disclosure in certain specified ways; and WHEREAS, Cloakworks denies the validity of Cloakware's objections, but has agreed to serve an amended disclosure; WHEREAS, the parties agreed that Cloakworks would provide its amended disclosure no later than October 17, 2008 and that the parties would also file a stipulated motion for leave to serve amended disclosures by that date; and WHEREAS, the parties agreed that Cloakware would begin production of Patent Local Rule 3-4(a) documents on November 8, 2008, would serve Invalidity Contentions pursuant to Patent Local Rule 3-3 on December 1, 2008, and would complete Document Production Accompanying Invalidity Contentions Pursuant to Patent Local Rule 3-4 on December 1, 2008; STIPULATED MOTION FOR LEAVE TO SERVE AMENDED DISCLOSURES AND [PROPOSED] ORDER 2 Case No. CV-08-02044 WHA 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 NOW THEREFORE the parties through their undersigned counsel hereby stipulate and request the Court to grant leave to serve the attached First Amended Disclosures Pursuant to Patent Local Rules 3-1 and 3-2. IT IS SO STIPULATED Dated: October 16, 2008 WILMER CUTLER PICKERING HALE AND DORR By: _ /s/ Mark D. Selwyn_________________ Mark D. Selwyn Attorneys for Defendant Cloakware, Inc. Dated: October 16, 2008 HOSIE RICE LLP /s/George F. Bishop By: ___________________________________ George F. Bishop Attorneys for Plaintiff Cloakworks, Inc. I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing of this document has been obtained from the other signatories. DATED: October 16, 2008 /s/George F. Bishop _______________________________ George F. Bishop STIPULATED MOTION FOR LEAVE TO SERVE AMENDED DISCLOSURES AND [PROPOSED] ORDER 3 Case No. CV-08-02044 WHA 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 STIPULATED MOTION FOR LEAVE TO SERVE AMENDED DISCLOSURES AND [PROPOSED] ORDER ORDER Pursuant to the stipulation of the parties, it is hereby ORDERED that plaintiff is granted leave to serve the Amended Disclosures Pursuant to Patent Local Rules 3-1 and 3-2 attached hereto. UNIT ED S DISTRICT TE C TA RT U O PURSUANT TO STIPULATION IT IS SO ORDERED 20 October__, 2008 S _____________________________ lsup illiam A Ju e W Honorable William H.dgAlsup United States District Judge ER C N F D IS T IC T O R A 4 Case No. CV-08-02044 WHA LI FO R NIA O IT IS S ORDER ED NO RT H

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