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

Filing 701

ORDER GRANTING AS MODIFIED 687 STIPULATION FOR BRIEFING AND HEARING ON NUANCE'S MOTION FOR LEAVE TO SUPPLEMENT PUTNAM EXPERT REPORT. Responses due by 5/24/2013. Replies due by 5/28/2013. Motion Hearing set for 5/31/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/23/13. (jjoS, COURT STAFF) (Filed on 5/23/2013)

Case3:08-cv-02912-JSW Document687 Filed05/21/13 Page1 of 6

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M. CRAIG TYLER, Pro Hac Vice
[e-mail]
ABRAHAM DELAO, Pro Hac Vice
[e-mail]
HENRY PAN, Pro Hac Vice
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
900 South Capital of Texas Highway
Las Cimas IV, Fifth Floor
Austin, Texas 78746-5546
Telephone: [phone]
Facsimile: 512.338.5499
JAMES C. YOON (CA SBN 177155)
[e-mail]
CHRISTOPHER P. GREWE (CA SBN 245938)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304-1050
Telephone: [phone]
Facsimile: 650.565.5100

JAMES P. BENNETT (CA SBN 65179)
[e-mail]
MICHAEL A. JACOBS (CA SBN
111664)
[e-mail]
BROOKS M. BEARD (CA SBN 181271)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

Attorneys for Plaintiff
NUANCE COMMUNICATIONS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NUANCE COMMUNICATIONS, INC.,
Plaintiff,

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v.
ABBYY USA SOFTWARE HOUSE, INC., a
California corporation, ABBYY SOFTWARE,
LTD., a Cyprus corporation, ABBYY
PRODUCTION, LLC, a Russian corporation, and
LEXMARK INTERNATIONAL, INC., a
Delaware corporation,

Case No.

C 08-02912 JSW MEJ

STIPULATION AND
[PROPOSED] ORDER
SHORTENING TIME FOR
BRIEFING AND HEARING ON
NUANCE’S MOTION FOR
LEAVE TO SUPPLEMENT
PUTNAM EXPERT REPORT

Defendants.

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME
Case No. 3:08-cv-02912 JSW (MEJ)
sf-3285654

Case3:08-cv-02912-JSW Document687 Filed05/21/13 Page2 of 6

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Pursuant to Civil L.R. 6-2, Plaintiff Nuance Communications, Inc. (“Nuance”), and

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Defendants ABBYY Software House, Inc., ABBYY Software, Ltd., ABBYY Production, LLC

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(collectively, “ABBYY Defendants”), and Lexmark International, Inc. (“Lexmark”), file this joint

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stipulation regarding the briefing and hearing schedule for Nuance’s concurrently filed Motion

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for Leave to Supplement Putnam Expert Report.

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WHEREAS, Nuance moved for discovery sanctions against the ABBYY Defendants for
late production of documents in August 2012 (Dkt. No. 499);
WHEREAS, Magistrate Judge James issued an order relating to Nuance’s request for
sanctions (Dkt. No. 571);

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WHEREAS, in January 2013, the Court granted Nuance “an extension of eight weeks for

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discovery limited to the discrete issues relating to the ABBYY Defendants’ later production and

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require[d] the ABBYY Defendants to timely re-produce relevant witnesses[,]” (Dkt. No. 582);

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WHEREAS, after completing the additional depositions, Nuance’s expert Dr. Putnam

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(Nuance’s damages expert) prepared a supplemental expert report, a copy of which was provided

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to Defendants on May 6, 2013;

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WHEREAS, the parties had numerous meet and confer discussions, including one in

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person meeting, to discuss whether Defendants would agree to a joint request for leave to add the

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supplemental report to the case and to coordinate logistics for a supplemental rebuttal report and

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depositions;

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WHEREAS, those meet and confer efforts were unsuccessful;

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WHEREAS, Nuance’s Motion for Leave to Supplement Expert Report seeks the Court’s

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permission to supplement Dr. Putnam’s expert report in light of the ABBYY Defendants’ late

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production and additional discovery sanctioned by the Court;

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WHEREAS, Defendants oppose Nuance’s Motion for Leave;

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WHEREAS, the Court’s April 2, 2013 Order Setting Schedule (Dkt. No. 649) set the

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Pretrial Conference for July 22, 2013, at 2:00 p.m., Jury Selection for August 7, 2013, at

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8:00 a.m., and Trial for August 12, 2013, at 8:00 a.m;

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME
Case No. 3:08-cv-02912 JSW (MEJ)
sf-3285654

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Case3:08-cv-02912-JSW Document687 Filed05/21/13 Page3 of 6

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WHEREAS, pursuant to Civil L.R. 7-2(a) and the Court’s Standing Civil Orders and

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Scheduling Notes, Nuance’s Motion for Leave would not be heard until at least July 12, 2013;

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WHEREAS, the parties are in the midst of trial preparations and agree that early

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resolution of Nuance’s Motion for Leave will provide the parties with needed time to prepare any

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rebuttal expert report responding to Nuance’s supplements, conduct additional depositions of the

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experts if needed, and generally prepare for trial in light of the permitted scope for expert

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testimony at trial; and

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WHEREAS, the requested shortening of time will have no effect on the remaining
schedule for the case.
NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the

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parties, through their respective counsel, that the following briefing and hearing schedule for

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Nuance’s Motion for Leave shall be adopted:

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

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Friday, May 24, 2013
Defendants’ opposition must be filed by Tuesday, May 28, 2013;
Tuesday, May 28, 2013
Plaintiff’s reply must be filed by Thursday, May 30, 2013; and

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

the hearing, if desired by the Court, will be held on Friday, May 31st, 2013, at

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9:00 a.m. in Courtroom 19.
All briefs will comply with the page limit requirements set forth in the Court’s Standing
Civil Orders, Paragraph 7.

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME
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Case3:08-cv-02912-JSW Document687 Filed05/21/13 Page4 of 6

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IT IS SO STIPULATED.
Dated: May 21, 2013

MORRISON & FOERSTER LLP

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By: /s/ Brooks M. Beard
BROOKS M. BEARD

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Attorneys for Plaintiff
NUANCE COMMUNICATIONS,
INC.

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Dated: May 21, 2013

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:

/s/ Erik R. Puknys
Erik R. Puknys
Attorneys for Defendants
ABBYY USA SOFTWARE HOUSE,
INC., ABBYY SOFTWARE, LTD.,
ABBYY PRODUCTION, LLC, and
LEXMARK INTERNATIONAL, INC.

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME
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sf-3285654

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Case3:08-cv-02912-JSW Document687 Filed05/21/13 Page5 of 6

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ORDER

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Pursuant to stipulation,

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IT IS SO ORDERED.

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Dated: May 22, 2013
Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME
Case No. 3:08-cv-02912 JSW (MEJ)
sf-3285654

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