Actividentity Corporation v. Intercede Group PLC et al

Filing 65

STIPULATION AND ORDER MODIFYING CLAIM CONSTRUCTION SCHEDULE re doc 64 filed by Intercede LTD, Intercede Group PLC. Signed by Judge /s/ Vaughn R Walker on 10/29/2009. (cgk, COURT STAFF) (Filed on 10/29/2009)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

DARRYL M. WOO (CSB No. 100513) [e-mail] CHARLENE M. MORROW (CSB No. 136411) [e-mail] TYLER A. BAKER (CSB No. 65109) [e-mail] 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, Plaintiff, 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 MODIFYING CLAIM CONSTRUCTION SCHEDULE

STIP. & [PROPOSED] ORDER MODIFYING CLAIM CONSTRUCTION SCHEDULE

CASE NO. 08-CV-04577 VRW

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

Pursuant to Civil Local Rule 6-2, defendants and counterclaimants Intercede Group plc and Intercede Ltd. (collectively, "Intercede") and plaintiff and counterdefendant ActivIdentity Corporation ("ActivIdentity") submit this stipulated request to modify the claim construction schedule as currently established by this Court's Patent Local Rules. A. The Parties Stipulate and Request that the Briefing Schedule for the Claim Construction Hearing be Modified.

The parties stipulate and hereby request to modify the deadline for submitting the Joint Claim Construction Statement. On August 10, 2009, the parties submitted a Stipulation and Proposed Order seeking to modify the schedule for claim construction briefing. Because that Stipulation has not yet been addressed by the Court, the parties include in this Stipulation the same proposed modifications to the briefing schedule. The requested modifications will not affect the hearing date scheduled for February 10, 2010, and pursuant to Patent LR 4-6, all briefing would still be completed more than two weeks prior to the hearing date. As previously mentioned, this is technically the parties' second request1 to modify the claim construction schedule. There have been several previous unrelated time modifications in this case. See Belichick Decl., ¶¶ 1-6. The parties hereby stipulate and request to modify the claim construction schedule, including the due date for the Joint Claim Construction and Prehearing Statement and briefing schedule, from that provided in the Patent Local Rules. As set forth in the June 25, 2009 Joint Case Management Statement and as discussed during the July 2, 2009 case management conference, the parties previously proposed to modify the briefing schedule for claim construction due to scheduling conflicts relating to the intervening holiday season. See Doc # 37 at 15. Based on the proposed briefing schedule, the parties also requested a hearing date of February 11, 2010. Id. During the case management conference, the Court set a hearing for claim construction on February 10, 2010. See Doc # 39. The requested relief will not affect this hearing date. In
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On August 10, 2009, the parties submitted a Stipulation & Proposed Order to Modify the Claim Construction Briefing Schedule, but to date it has not been addressed by the Court. Belichick Decl., ¶ 7. The dates contained in the present Stipulation are identical to those in the August 10, 2009 Stipulation, except that the prior Stipulation did not seek to modify the date for submitting the Joint Claim Construction Statement. CASE NO. 08-CV-04577 VRW STIP. & [PROPOSED] ORDER MODIFYING CLAIM -1CONSTRUCTION SCHEDULE

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

addition, under the proposed schedule, claim construction briefing will be completed more than two weeks prior to the hearing date, as required by Patent L.R. 4-6. As currently set by the Northern District's Patent Local Rules, the briefing schedule would require extensive briefing and client communications during the holiday season causing scheduling conflicts for both parties and their respective counsels. See Belichick Decl., ¶ 8. The parties have conferred regarding scheduling matters in this case, and considering the date set by the Court for the claim construction hearing, believe that the due date for the Joint Claim Construction and Prehearing Statement and the briefing schedule can be modified as requested with no larger effect on the schedule for this case. The parties have already exchanged proposed terms for construction and preliminary constructions and currently the parties are meeting and conferring about claim construction. The parties have also agreed that neither party will seek to further extend the dates for submitting the claim construction briefs or the February 10, 2010 hearing. Discovery relating to claim construction is ongoing. Belichick Decl., ¶ 9. Accordingly, the parties stipulate and request that the Court modify the claim construction schedule as detailed in the following table: ACTION The parties to file Joint Claim Construction and Prehearing Statement ActivIdentity to file Claim Construction Opening Brief under Patent Local Rule 4-5(a) Intercede to file Responsive Claim Construction Brief under Patent Local Rule 4-5(b) ActivIdentity to file Reply Claim Construction Brief under Patent Local Rule 4-5(c) CURRENT DATE November 2, 2009 REVISED DATE December 7, 2009

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December 17, 2009

January 7, 2010

December 31, 2009

January 21, 2010

January 12, 2010

January 28, 2010

STIP. & [PROPOSED] ORDER MODIFYING CLAIM CONSTRUCTION SCHEDULE

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CASE NO. 08-CV-04577 VRW

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

ACTION Claim Construction Hearing Dated: October 26, 2009

CURRENT DATE February 10, 2010 at 10 a.m.

REVISED DATE No change.

Respectfully submitted, FENWICK & WEST LLP By: /s/ Joseph S. Belichick Joseph S. Belichick

Attorneys for Defendants INTERCEDE GROUP PLC and INTERCEDE LTD.

Dated: October 26, 2009

Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI By: /s/ Ariana M. Chung-Han Ariana M. Chung-Han

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Attorneys for Plaintiff ACTIVIDENTITY CORPORATION

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TED PURSUANT TO STIPULATION, AND GOOD CAUSE SHOWING, IT IS SO GRAN
ORDERED. Dated: 10/29/2009

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ORDER

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SIGNATURE ATTESTATION

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I hereby attest that I have received Ariana M. Chung-Han'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 MODIFYING CLAIM CONSTRUCTION SCHEDULE

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CASE NO. 08-CV-04577 VRW

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United States District Judge

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Walker aughn R Judge V The Honorable Vaughn R. Walker

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