Actividentity Corporation v. Intercede Group PLC et al

Filing 132

STIPULATION AND ORDER TAKING CLAIM CONSTRUCTION HEARING OFF-CALENDAR, currently set for 3/24/2010 and WITHDRAWING JOINT MOTION FOR ADMINISTRATIVE RELIEF, re doc 131 filed by Intercede LTD, Intercede Group PLC. Signed by Judge Vaughn R Walker on 3/23/2010. (cgk, COURT STAFF) (Filed on 3/23/2010)

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FENWICK & W EST LLP
A TTORNEYS AT L AW S AN F RANCISCO

DARRYL M. WOO (CSB No. 100513) [e-mail] m CHARLENE M. MORROW (CSB No. 136411) [e-mail] TYLER A. BAKER (CSB No. 65109) [e-mail] m FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants INTERCEDE GROUP PLC and INTERCEDE LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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ACTIVIDENTITY CORPORATION, a Delaware Corporation, Plaint iff, v. INTERCEDE GROUP PLC AND INTERCEDE LTD., both of Lutterworth, UK, Defendants. AND RELATED COUNTERCLAIMS.

Case No.: 3:08-cv-04577 VRW STIPULATION AND [PROPOSED] ORDER TAKING CLAIM CONSTRUCTION HEARING OFFCALENDAR AND WITHDRAWING JOINT MOTION FOR ADMINISTRATIVE RELIEF Date: March 24, 2010 Time: 9:00 a.m. Courtroom: 6, 17th Floor Before: Hon. Vaughn Walker

STIP. & [PROPOSED] ORDER TAKING CLAIM CONSTRUCTION HEARING OFFCALENDAR

Case No. 08-cv-04577 VRW

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FENWICK & W EST LLP
A TTORNEYS AT L AW S AN F RANCISCO

Pursuant to Civil Local Rule 7-12, defendants and counterclaimants Intercede Group plc and Intercede Ltd. (collectively, "Intercede") and plaintiff and counterdefendant ActivIdentity Corporation ("ActivIdentity") submit this stipulation and proposed order taking the claim construction hearing off-calendar and withdrawing the joint motion for administrative relief. Pursuant to the Clerk's Notice dated February 24, 2010, the claim construction hearing in this action is scheduled for March 24, 2010 at 9:00 a.m. (Doc # 128). On March 19, 2010, the parties filed a joint motion for administrative relief for leave to use visual equipment at the claim construction hearing (Doc # 129). As of today, March 22, 2010, the parties are in the process of entering into a confidential settlement agreement, which when fully executed, will resolve the pending action. The parties expect to exchange signatures to the settlement agreement this week. Accordingly, the parties hereby respectfully stipulate and request that the Court order as follows: 1. The parties' joint motion for administrative relief for leave to use visual equipment

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at the claim construction hearing (Doc # 129) is withdrawn. 2. off-calendar. Dated: March 22, 2010 Respect fully submitted, FENWICK & WEST LLP By: /s/ Joseph S. Belichick Joseph S. Belichick The claim construction hearing scheduled on March 24, 2010 at 9:00 a.m. is taken

Attorneys for Defendants INTERCEDE GROUP PLC and INTERCEDE LTD.

STIP. & [PROPOSED] ORDER TAKING CLAIM CONSTRUCTION HEARING OFFCALENDAR

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Case No. 08-cv-04577 VRW

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FENWICK & W EST LLP
A TTORNEYS AT L AW S AN F RANCISCO

Dated: March 22, 2010

Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI By: /s/ Julie M. Holloway Julie M. Holloway

Attorneys for Plaintiff ACTIVIDENTITY CORPORATION ORDER
UNIT ED

ORDERED. Dated: March 23, 2010

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PURSUANT TO STIPULATION, AND GOOD

ISTRIC ES D TC AT SHOWING, T CAUSE

IT IS SO

The Honorable Vaugh Judge Vaughn R. Walker United States District Judge ER C
N
F D IS T IC T O R
A

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SIGNATURE ATTESTATION I hereby attest that I have received Julie M. Holloway's concurrence in the e-filing of this document as indicated by the "conformed" signature (s/) above. By: /s/ Joseph S. Belichick Joseph S. Belichick

STIP. & [PROPOSED] ORDER TAKING CLAIM CONSTRUCTION HEARING OFFCALENDAR

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Case No. 08-cv-04577 VRW

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