Corbett Life Science et al v. Applera Corporation et al

Filing 30

STIPULATION AND ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION. Signed by Judge Alsup on October 20, 2008. (whalc1, COURT STAFF) (Filed on 10/20/2008)

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

Frank E. Scherkenbach, SBN 142549 ([e-mail]) Steven C. Carlson, SBN 206451 ([e-mail]) Corrin N. Drakulich, SBN 250906 ([e-mail]) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, California 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant APPLIED BIOSYSTEMS INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) CORBETT LIFE SCIENCE; CORBETT ROBOTICS INC.; and CORBETT RESEARCH PTY LTD., Plaintiffs/Counterdefendants, v. APPLERA CORPORATION and APPLIED BIOSYSTEMS INC., Defendants/Counterclaimants. Case No. C 08-03139 WHA JOINTLY SUBMITTED PROPOSED ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION

Pursuant to the Court' Case Management Order of October 3, 2008, the parties hereby s respectfully submit the following agreed upon schedule for claim construction proceedings: December 12, 2008 December 18, 2008 January 8, 2009 L/D to exchange lists of all claim terms each party contends should be construed [PLR 4-1(a)] Meet and confer to narrow claims terms; jointly identify 6 terms likely to be most significant [PLR 4-1(b)] L/D to exchange Preliminary Claim Constructions [PLR 4-2(a)] and supporting intrinsic and extrinsic evidence [PLR 4-2(b)]

1
JOINTLY SUBMITTED PROPOSED ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION - 3:08-cv-03139-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

January 16, 2009

Meet and confer to narrow the issues and finalize preparation for Joint Claim Construction and Prehearing Statement [PLR 4-2(c)] L/D to file Joint Claim Construction and Prehearing Statement [PLR 4-3] including intrinsic and extrinsic evidence [PLR 4-3(b)] and identification of 6 most significant terms [PLR 4-3(c)] Close of claim construction discovery [PLR 4-4] L/D for ABI to file opening claim construction brief [PLR 4-5(a)] L/D for Corbett to file responsive claim construction brief [PLR 4-5(b)] L/D for ABI to file reply claim construction brief [PLR 4-5(c)] Technology Tutorial @ 1:30 PM [10/3/2008 CM order] Claim Construction Hearing @ 1:30 PM [10/3/2008 CM Order]

January 23, 2009

February 20, 2009 February 27, 2009 March 13, 2009 March 20, 2009 March 25, 2009 April 8, 2009

Dated: October 17, 2008

FISH & RICHARDSON P.C.

By:

/s/ Steven C. Carlson Steven C. Carlson

Attorneys for Defendant and Counterclaimant APPLIED BIOSYSTEMS INC. Dated: October 17, 2008 HOWREY LLP

By:

/s/ David L. Bilsker David L. Bilsker

Attorneys for Plaintiffs CORBETT LIFE SCIENCE, CORBETT ROBOTICS INC., and CORBETT RESEARCH PTY LTD. 2
JOINTLY SUBMITTED PROPOSED ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION - 3:08-cv-03139-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 3
JOINTLY SUBMITTED PROPOSED ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION - 3:08-cv-03139-WHA 50614431.doc

DECLARATION OF CONSENT I, Steven C. Carlson, hereby attest that concurrence in the filing of this document has been obtained from David L. Bilsker, counsel for Plaintiffs, which shall serve in lieu of his signature on the document. Dated: October 17, 2008 /s/ Steven C. Carlson ______________________________________ Steven C. Carlson ORDER IT IS SO ORDERED.
UNIT ED
S DISTRICT TE C TA

RT U O

October 20, 2008 Dated: _________________________

S

N

F D IS T IC T O R

A

______________________________________ lsup illiam A Judg W The Honorablee William H. Alsup United States District Judge
ER

C

LI

FO

R NIA

OO IT IS S

RDERE

D

NO

RT

H