Nuance Communications, Inc. v. Abbyy Software House et al

Filing 192

ORDER GRANTING 191 JOINT STIPULATION EXTENDING TIME. Signed by Judge JEFFREY S. WHITE on 4/26/10. (jjo, COURT STAFF) (Filed on 4/26/2010)

Case3:08-cv-02912-JSW Document191

Filed04/23/10 Page1 of 4

1 RON E. SHULMAN, State Bar No. 178263 [e-mail] 2 JULIE M. HOLLOWAY, State Bar No. 196942 [e-mail] 3 S. MICHAEL SONG, State Bar No. 198656 [e-mail] 4 TUNG-ON KONG, State Bar No. 205871 [e-mail] 5 WILSON SONSINI GOODRICH & ROSATI, Professional Corporation 650 Page Mill Road 6 Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] 8 M. CRAIG TYLER, Pro Hac Vice [e-mail] 9 WILSON SONSINI GOODRICH & ROSATI, Professional Corporation 900 South Capital of Texas Highway 10 Las Cimas IV, Fifth Floor Austin, Texas 78746-5546 11 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Plaintiff 13 NUANCE COMMUNICATIONS, INC. 14 [Additional Counsel on Signature Page] 15 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No.: C 08-02912 JSW MEJ JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

18 NUANCE COMMUNICATIONS, INC., 19 20 v. Plaintiff,

21 ABBYY USA SOFTWARE HOUSE, INC., et al. 22 Defendants. 23 24 25 26 27 28
Joint Stipulation and [PROPOSED] Order Extending Time Case No. C 08-02912 JSW MEJ

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Case3:08-cv-02912-JSW Document191

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Pursuant to the Court's Order of April 12, 2010, the parties in the above-captioned action

2 have conferred in good faith regarding appointment of a Special Master for the purpose of 3 preparing a Report and Recommendation regarding the order of the patents, claims and terms to be 4 adjudicated in this matter. 5 The parties evaluated eight potential candidates for this task. The parties believed to have

6 essentially narrowed them down close to a final selection of one joint candidate to submit to the 7 Court. Due to additional facts that need further investigation and came to light today, more time is 8 needed to verify those facts. The parties are hopeful to be in position to make a final selection by 9 Tuesday April 27, 2010. 10 Counsel for the parties therefore hereby stipulate and agree, pursuant to Civil L.R. 6-2 and

11 subject to the Court's approval, that the time for reporting a final selection to the Court, be, and it 12 hereby is, extended from April 23, 2010 to and including APRIL 27, 2010, to permit the parties to 13 finalize their evaluation. 14 This is the first extension requested for this deadline. The extension is not anticipated to

15 materially impact the case schedule. This stipulation is made in good faith and without any intent 16 to cause delay or prejudice, but to allow the parties a reasonable opportunity to continue 17 investigations and permit appointment of a special master in this case. The parties to this 18 proceeding therefore request that the Honorable Court reset the above-mentioned deadline for good 19 cause shown herein. 20 21 22 23 24 25 26 27 28
Joint Stipulation and [PROPOSED] Order Extending Time Case No. C 08-02912 JSW MEJ

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Case3:08-cv-02912-JSW Document191

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1 2 Dated: April 23, 2010 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 Dated: April 23, 2010

Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI By: /s/ M. Craig Tyler M. Craig Tyler WILSON SONSINI GOODRICH & ROSATI Professional Corporation 900 South Capital of Texas Highway Las Cimas IV, Fifth Floor Austin, Texas 78746-5546 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff NUANCE COMMUNICATIONS, INC.

By: /s/ Matthew M. Wawrzyn Matthew M. Wawrzyn [e-mail] WAWRZYN LLC 233 S. Wacker Drive, 84th Floor Chicago, IL 60606 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and Counter-Defendants in Case No. C 08-02912 ABBYY USA SOFTWARE HOUSE LEXMARK INTERNATIONAL, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: A___l_26 ___, 2010 _ pri __

There will not be a further extension of this deadline.

________________________________ UNITED STATES DISTRICT JUDGE JEFFREY S. WHITE

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Joint Stipulation and [PROPOSED] Order Extending Time Case No. C 08-02912 JSW MEJ