Sybase, Inc. et al v. Data Retrieval Technology LLC et al

Filing 45

STIPULATION AND CASE MANAGEMENT ORDER and Related Case C09-1909. Signed by Judge Vaughn R Walker on 7/16/2009. (cgk, COURT STAFF) (Filed on 7/16/2009)

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A limited liability partnership formed in the State of Delaware

Scott D. Baker (SBN 84923) Email: [e-mail] John P. Bovich (SBN 150688) Email: [e-mail] Jonah D. Mitchell (SBN 203511) Email: [e-mail] James A. Daire (SBN 239637) Email: [e-mail] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: [phone] [phone]

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Attorneys for Sybase, Inc. and Informatica Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SYBASE, INC., a Delaware Corporation, and INFORMATICA CORPORATION, a Delaware Corporation, Plaintiffs, vs. DATA RETRIEVAL TECHNOLOGY LLC, a Delaware Corporation, Defendant. DATA RETRIEVAL TECHNOLOGY LLC, a Delaware Corporation, vs. Plaintiff, No.: C08-05481 VRW (Related Case No. C09-1909 VRW) STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER

REED SMITH LLP

SYBASE, INC., a Delaware Corporation, and INFORMATICA CORPORATION, a Delaware Corporation, Defendants.

Case No. C08-05481-VRW; No. C09-1909 VRW STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER

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A limited liability partnership formed in the State of Delaware

Sybase, Inc. and Informatica Corporation, on one hand, and Data Retrieval Technology LLC, on the other, (collectively, the "Parties") hereby stipulate as follows: WHEREAS, the Court held the Initial Case Management Conference in this proceeding on May 28, 2009; WHEREAS, during the Initial Case Management Conference, the Court determined that all pre-trial requirements of the Patent Local Rules would apply equally to this case and Related Case No. C09-1909; and WHEREAS, the Court's Calendar Clerk subsequently notified Sybase, Inc. and Informatica Corporation's counsel by phone that the date for the claims construction hearing in these cases (originally set for March 17, 2010 at 10:00 a.m.), would be moved to March 24, 2010, at 10:00 a.m. because of a conflict with a previously set claims construction hearing in Karl Storz Endoscopy-America, Inc. v. Stryker, Inc., et al., Case No. 3:09-cv-00355-VRW.

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REED SMITH LLP

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. That the Parties jointly submit to the following proposed Case Management Order in this case and Related Case No. C09-1909. DATED: July 2, 2009.

REED SMITH LLP By /s/ James A. Daire James A. Daire Attorney for Sybase, Inc. and Informatica Corporation

DATED: July 2, 2009. LAW OFFICES OF WAYNE D. PORTER, JR. By /s/ Wayne D. Porter Jr. Wayne D. Porter, Jr. Attorney for Data Retrieval Technology LLC

Case No. C08-05481-VRW; No. C09-1909 VRW 1 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER

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A limited liability partnership formed in the State of Delaware

CASE MANAGEMENT ORDER Following the Initial Case Management Conference on May 28, 2009, the Court hereby adopts the following schedule in this case. The parties are ordered to comply with these deadlines:

Deadline June 8, 2009

Activity Deadline for DRT to serve its (1) Disclosure of Asserted Claims and Infringement Contentions and (2) Accompanying Document Production. Patent L.R. 3-1, 3-2. Deadline for Plaintiffs to serve their (1) Invalidity Contentions and (2) Accompanying Document Production. Patent L.R. 3-3, 3-4. Deadline for parties to exchange list of claim terms for construction. (Modification of Patent L.R. 4-1.) Deadline for parties to exchange (1) Preliminary Claim Constructions for each term identified by either party for claim construction and (2) identification of references and extrinsic evidence (including percipient and/or expert witnesses) in support if their respective claim constructions. Patent L.R. 4-2. Deadline for parties to file Joint Claim Construction and Prehearing Statement. (Modification of Patent L.R. 4-3.) Deadline for completion of claim construction discovery. Patent L.R. 4-4. Deadline for DRT to serve and file its opening brief and any evidence supporting its claim construction. (Modification of Patent L.R. 4-5(a).) Deadline for Plaintiffs to serve and file their responsive brief and supporting evidence. Patent L.R. 4-5(b). Deadline for DRT to serve and file its reply brief and any rebuttal evidence. Patent L.R. 4-5(c). Initial Technology Tutorial prior to Claim Construction Hearing. Claim Construction Hearing. Patent L.R. 4-6.

July 23, 2009 November 17, 2009 December 7, 2009

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REED SMITH LLP

January 13, 2010 February 12, 2010 February 17, 2010

March 3, ,2010 March 10, 2010 March 22, 2010, 10:00 a.m. March 24, 2010, 10:00 a.m.

Case No. C08-05481-VRW; No. C09-1909 VRW 2 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER

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A limited liability partnership formed in the State of Delaware

April 15, 2010, 3:30 p.m.

Further Case Management Conference (updated Case Management Statement due by April 8, 2010).

PURSUANT TO STIPULATION, SO ORDERED.

July 16 DATED: ________, 2009. By

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Case No. C08-05481-VRW; No. C09-1909 VRW 3 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER

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Hon. Vaughn R. Walker United States District Chief Judge

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A limited liability partnership formed in the State of Delaware

CERTIFICATE OF CONCURRENCE I hereby attest that concurrence in the filing of this document has been obtained by the above named signatories. /s/ James A. Daire James A. Daire

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Case No. C08-05481-VRW; No. C09-1909 VRW 4 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER
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REED SMITH LLP