Wordtech Systems, Inc. v. Microtech Systems, Inc. et al

Filing 78

STIPULATION AND ORDER MODIFYING DISCOVERY AND CLAIM CONSTRUCTION BRIEFING: Claim Construction hearing set for 12/10/2009 at 9:00 am; Dispositive motions hearing date of 3/14/2011 at 2:00 pm reserved; Signed by Judge Marilyn Hall Patel on 3/26/2009. (awb, COURT-STAFF) (Filed on 3/26/2009)

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CHRISTIAN J. MARTINEZ (SBN 215,360) E-mail: [e-mail] 2500 Dean Lesher Drive, Suite A Concord, CA 94520 Tel: [phone] Facsimile: 925-689-1263 Attorney for Plaintiff Wordtech Systems Inc. VAL D. HORNSTEIN (SBN 133726) E-mail: [e-mail] MICHAEL G. WAUGHTEL (SBN 95556) E-mail: [e-mail] HORNSTEIN LAW OFFICES, Prof. Corp. 20 California Street, 7th Floor San Francisco, CA 94111 Tele: [phone] Facsimile: [phone] Attorneys for Defendants and counterclaimants Microtech Systems Inc., Corwin Nichols, Cranel Inc., Discount Media Products LLC, and Master Recording Supply Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA WORDTECH SYSTEMS, INC., Plaintiff, vs. MICROTECH SYSTEMS, INC., a California corporation, CORWIN NICHOLS, an individual, CRANEL, INC. dba CRANEL IMAGING, DISCOUNT MEDIA PRODUCTS LLC dba THE TAPE COMPANY LLC, MASTER RECORDING SUPPLY INC. and DOES l-50, Defendants. AND RELATED CROSS-CLAIMS _________________________________________/ Per the Court's February 9, 2009 Civil Minutes Order as modified by the Court's March 12, 2009 Order, Plaintiff Wordtech Systems Inc. and Defendants and Cross-Claimants Microtech Systems Inc., Corwin Nichols, Cranel Inc., Discount Media Products LLC, and Master
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Case No. 08-04027-MHP STIPULATION AND [PROPOSED] ORDER RE DISCOVERY & SCHEDULING RE PATENT INVALIDITY /UNENFORCEBILITY

* AS AMENDED BY COURT
Judge: Trial Date: Hon. Marilyn H. Patel None Set

DISCOVERY & SCHEDULING ORDER RE INVALIDITY/UNENFORCEABILITY (08-04027-MHP) page 1

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Recording Supply Inc. (collectively, "Responding Defendants") hereby submit their proposed joint Discovery & Scheduling Order re the issues of the invalidity and/or unenforceability of plaintiff's United States letters patent Nos. 6,141,298, 6,532,198, 6,833,932 and 7,145,841 (the "Patents in Suit"). 1. CLAIM CONSTRUCTION SCHEDULING. A. Plaintiff's Disclosure of Asserted Claims and Infringement Contentions (PLR 3-1)

to be completed by May 6, 2009; B. C. 2009; D. E. F. Parties to exchange Proposed Terms for Construction (PLR 4-1) by July 9, 2009; Parties to exchange Preliminary Claim Constructions (PLR 4-2) by July 29, 2009; Joint Claim Construction and Prehearing Statement (PLR 4-3) to be filed by Defendants' Invalidity Contentions (PLR 3-3) to be completed by June 22, 2009; Defendant's Advice of Counsel Disclosures (PLR 3-7) to be completed by June 29,

September 9, 2009; G. H. Claim Construction Discovery to be completed by October 13, 2009 (PLR 4-4); Plaintiff's Opening Claim Construction Brief (PLR 4-5(a)) to be filed by October

27, 2009.; Defendants' response shall be filed by November 10, 2009 (PLR 4-5(b)); Plaintiff's Reply shall be filed by November 17, 2009 (PLR 4-5(c));

December 10, 2009 at 9:00 am
I. Claim Construction hearing shall be conducted on or after December 7, 2009, subject to Court availability. 2. DISCOVERY ON INVALIDITY AND UNENFORCEABILITY ISSUES. A. Responding Defendants will propound/take the following discovery: i. follows: Written discovery to plaintiff, inventor(s) and various third-parties as
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DISCOVERY & SCHEDULING ORDER RE INVALIDITY/UNENFORCEABILITY (08-04027-MHP) page 2

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a. b. c. d. ii.

Interrogatories (1st set) by February 8, 2010; Requests for Admissions (1st set) by February 8, 2010; Document Inspection Demands (1st set) by February 8, 2010. Subsequent sets of written discovery TBD.

Depositions of plaintiff, inventor(s) and various third-parties depending

on the responses to written discovery as follows: a. B. July ­ October, 2010;

Plaintiff will propound/take the following discovery: i. Written Discovery as follows: a. b. c. d. ii. Document Production (1st set) by February 8, 2010; Interrogatories (1st set) by February 8, 2010; Requests for Admissions (1st set) by February 8, 2010; Subsequent sets of written discovery, TBD.

Depositions of Mr. Corwin Nichols; PMQ Employee(s) of Discount Media

Products; PMQ Employee(s) of Master Recording Supply; PMQ Employee(s) of Cranel, Inc.; Other third parties, TBD subject to further discovery. a. 3. MOTIONS. Responding Defendants' motion for summary judgment or summary adjudication and/or for a declaratory judgment that the Patents in Suit are invalid and/or unenforceable as follows: A. B. C. Hearing Date: March 14, 2011; @ 2:00 p.m. Responding Defendants' Opening Brief due February 10, 2011; Plaintiff's Opposition Brief due February 24, 2011;
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July - October, 2010.

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DISCOVERY & SCHEDULING ORDER RE INVALIDITY/UNENFORCEABILITY (08-04027-MHP) page 3

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D. 4.

Responding Defendants' Reply Brief due February 31, 2011.

SETTLEMENT AND ADR. Parties will inform the Court Clerk and ADR Dept. after the invalidity/unenforceability

phase of discovery is concluded and will conduct mediation with Atty. Lane prior to filing Defendant's subject motion.

Dated: March 23, 2009

By:

s/Christian J. Martinez/s CHRISTIAN J. MARTINEZ Attorney for Plaintiff Wordtech Systems Inc.

Dated: March 23, 2009

HORNSTEIN LAW OFFICES, Prof. Corp.

s/Val D. Hornstein/s By: VAL D. HORNSTEIN Attorneys for Defendants and counterclaimants Microtech Systems Inc., Corwin Nichols, Cranel Inc., Discount Media Products LLC, and Master Recording Supply Inc.

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