Zircon Corporation v. The Stanley Works

Filing 24

STIPULATION AND ORDER TO ENTER CASE SCHEDULE re 23 Stipulation filed by Zircon Corporation. Signed by Judge Phyllis J. Hamilton on 11/2/09. (nah, COURT STAFF) (Filed on 11/2/2009)

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CLARK S. STONE (SBN 202123) JENNIFER M. LANTZ (SBN 202252) INCHAN A. KWON (SBN 247614) HAYNES AND BOONE, LLP 2033 Gateway Place, Suite 400 San Jose, California 95110 Phone: [phone] Facsimile: [phone] E-mail:[e-mail] [e-mail] [e-mail] Attorneys for Plaintiff ZIRCON CORPORATION PILLSBURY WINTHROP SHAW PITTMAN LLP VERNON H. GRANNEMAN (SBN 83532) [e-mail] DIANNE L. SWEENEY (SBN 187198) [e-mail] 2475 Hanover Street Palo Alto, California 94304 Phone: [phone] Facsimile: [phone] BRYAN P. COLLINS (admitted pro hac vice) [e-mail] 1650 Tysons Blvd. McLean, Virginia 22102 Phone: [phone] Facsimile: [phone] Attorneys for Defendant THE STANLEY WORKS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION ZIRCON CORPORATION, a California corporation, Plaintiff, v. THE STANLEY WORKS, a Connecticut corporation, Defendant. Case No. 4:09-cv-00042 PJH STIPULATION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE Judge: Honorable Phyllis J. Hamilton Date Comp. Filed: January 6, 2009 Trial Date: None set

STIPULATION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE ­ CASE NO. 4:09-cv-00042 PJH

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This stipulation is entered into by and between Plaintiff Zircon Corporation ("Zircon") and Defendant The Stanley Works ("Stanley") as follows: WHEREAS, at the parties' Initial Case Management Conference on October 15, 2009, the court set the date of the claim construction hearing for August 4, 2010 at 9:00 a.m., and the date of the tutorial for July 12, 2010 at 9:00 a.m.; WHEREAS, the court further ordered that the parties submit a stipulation as to all other pre-claim construction hearing dates within two weeks of the Initial Case Management Conference; and WHEREAS, the court further ordered that all other pretrial dates will be set after the ruling on claim construction issues; NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through their respective counsel of record, to entry of the following proposed case schedule in this action:

Event Initial Disclosures and Commence Claim Construction Fact Discovery Initial Disclosures Under Patent L. R. 3-1 and 3-2 (Disclosure of Asserted Claims and Infringement Contentions) Initial Disclosures Under Patent L. R. 3-3 and 3-4 (Invalidity Contentions) Exchange of Proposed Terms for Construction Exchange of Preliminary Claim Constructions and Extrinsic Evidence (Including Any Anticipated Expert Opinions/Testimony) Exchange of Rebuttal Expert Opinions/Testimony Joint Claim Construction and Prehearing Statement Completion of Claim Construction Discovery Opening Claim Construction Briefs Responsive Claim Construction Briefs Reply Claim Construction Briefs

Proposed Date January 15, 2010 January 29, 2010 March 8, 2010 March 17, 2010 April 5, 2010

April 20, 2010 May 4, 2010 June 1, 2010 June 17, 2010 June 30, 2010 July 7, 2010

STIPULATION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE ­ CASE NO. 4:09-cv-00042 PJH

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Tutorial Markman Claim Construction Hearing

July 12, 2010, 9:00 a.m. August 4, 2010, 9:00 a.m.

IT IS SO STIPULATED. DATED: October 28, 2009 HAYNES AND BOONE, LLP By /c/ Clark S. Stone Clark S. Stone Attorneys for Plaintiff ZIRCON CORPORATION DATED: October 28, 2009 PILLSBURY WINTHROP SHAW PITTMAN LLP By /c/ Bryan P. Collins Bryan P. Collins Attorneys for Defendant THE STANLEY WORKS Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regarding non-filing signatories, Clark S. Stone hereby attests that concurrence in the filing of this Stipulation has been obtained from Bryan P. Collins IT IS SO ORDERED. DATED: _______________, 2009 November 2

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