Karl Storz Endoscopy-America, Inc. v. Stryker, Inc. et al

Filing 186

STIPULATION AND ORDER re doc 185 filed by Stryker Corporation, Stryker Communications, Inc. Signed by Judge Vaughn R Walker on 2/1/2010. (cgk, COURT STAFF) (Filed on 2/1/2010)

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

Gregory J. Vogler (admitted pro hac vice) Email: [e-mail] Robert A Surrette (admitted pro hac vice) Email: [e-mail] Andrew W. Bateman(admitted pro hac vice) Email: [e-mail] McANDREWS, HELD & MALLOY, LTD 500 West Madison Street, 34th Floor Chicago, IL 60661 Telephone: [phone] Facsimile: 312-775-8100 William R. Overend (SBN 180209) Email: [e-mail] REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants STRYKER CORPORATION AND STRYKER COMMUNICATIONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KARL STORZ ENDOSCOPY-AMERICA, INC., Plaintiff, vs. STRYKER CORPORATION and STRYKER COMMUNICATIONS, INC., Defendants. AND RELATED COUNTERCLAIMS Case No. C 09-0355 (VRW) AMENDED STIPULATION AND [PROPOSED] ORDER CONTINUING SUMMARY JUDGMENT AND CLAIM CONSTRUCTION HEARINGS AND RELATED DEADLINES; DECLARATION OF WILLIAM R. OVEREND IN SUPPORT OF SAME Honorable Vaughn R. Walker

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

­1­

US_ACTIVE-103099836.1

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Karl Storz Endoscopy-America, Inc. ("KSEA") and Defendants Stryker Corporation and Stryker Communications, Inc. (collectively, "Stryker"), through their respective counsel of record, hereby stipulate as follows: 1. Per the Court's November 6, 2009 Minute Order, the hearing on Stryker's Motion for

Summary Judgment of Non-Infringement (Docket No. 110) and KSEA's Cross Motion for Partial Summary Judgment of Infringement (Docket No. 154) is currently set for February 11, 2010. In addition, KSEA responded to Stryker's Motion for Summary Judgment of Non-Infringement, in part, by filing a Rule 56(f) Motion To Allow Time for Necessary Discovery in Light of Pending Motion for Summary Judgment, which is also set for hearing on February 11, 2010. Finally, per the Court's May 14, 2009 Case Management Order, the Claim Construction hearing is presently set for March 17, 2010. 2. Based on the Court's Notice of Unavailability and subsequent communications with

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

the Courtroom Deputy, Cora Klein, the parties understand that the Court is no longer available on either February 11 or March 17, 2010. Ms. Klein has therefore requested that the parties re-schedule both hearings, and has noted that the earliest available hearing date would be in June 2010. In a subsequent communication, Ms. Klein specifically proposed June 23, 2010, at 9:30 a.m. for the hearing date. 3. When the original schedule was set, both the parties and the Court envisioned that it

would be more efficient to hear the summary judgment motions before claim construction. However, now that the parties have filed their respective summary judgment motions and their Joint Claim Construction Statement, it is now apparent that the majority of claim terms at issue in claim construction are also at issue in the summary judgment motions. Accordingly, the parties both agree that it would be more efficient to hear the summary judgment motions and claim construction at the same time, and that doing so would better conserve judicial resources and the resources of the parties. 4. The parties therefore propose the following modified schedule for both summary

judgment and claim construction, as well as related deadlines:

­2­

US_ACTIVE-103099836.1

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

June 23, 2010, at 9:30 a.m.: Hearing on (a) Stryker's Motion for Summary Judgment

of Non-Infringement, (b) KSEA's Cross Motion for Summary Judgment of Infringement, (c) KSEA's Rule 56(f) Motion To Allow Time for Necessary Discovery in Light of Pending Motion for Summary Judgment, and (d) Claim Construction; April 30, 2010: Deadline for KSEA and Stryker to file responsive claim construction

briefs re claim construction (previously set for February 26, 2010); April 9, 2010: Deadline for KSEA and Stryker to file opening claim construction

briefs and supporting evidence (previously set for February 5, 2010); March 28, 2010: Deadline to complete claim construction discovery under Patent

L.R. 4-4 (previously set for January 20, 2010); February 8, 2010: Deadline for Stryker to file Opposition to KSEA's Cross Motion

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

for Summary Judgment of Infringement (previously set for February 1, 2010). Per the parties' earlier discussions and agreement, as discussed with the Court at the second Case Management Conference, the parties agree that Stryker shall be allowed thirty-five pages for its Opposition. 5. Pursuant to Civil L.R. 6-2(a)(1)-(3), this stipulated request is accompanied by the

attached declaration setting forth (a) the reasons for the requested rescheduling; (b) all previous time modifications in the case; and (c) the effect of the requested rescheduling.

IT IS SO STIPULATED. Respectfully submitted, Dated: January 27, 2010. REED SMITH LLP By /s/ William R. Overend William R. Overend Attorneys for Defendants Stryker Corporation and Stryker Communications, Inc.

­3­

US_ACTIVE-103099836.1

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

Dated: January 27, 2010.

BECK, ROSS, BISMONTE & FINLEY, LLP By _/s/ Alfredo A. Bismonte____ Alfredo A. Bismonte Attorneys for Plaintiff Karl Storz Endoscopy-America, Inc.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ­4­
US_ACTIVE-103099836.1

REED SMITH LLP

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)

2 3 4

UNIT ED

S

1

ORDER

ISTRIC ES D TC T TA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

7 8 9 10
A limited liability partnership formed in the State of Delaware

N

F D IS T IC T O R

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ­5­
US_ACTIVE-103099836.1

REED SMITH LLP

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)

A

6

ER

C

LI

FO

5

February 1 Dated: ____________________, 2010

______________________________________________ aughn R Judge V Honorable Vaughn Walker United States District Judge

Walker

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

CERTIFICATION

I hereby attest that concurrence in the filing of this document has been obtained by the above named signatories.

DATED: January 27, 2010. REED SMITH LLP By /s/ William R. Overend William R. Overend Attorneys for Defendants Stryker Corporation and Stryker Communications, Inc.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

­6­

US_ACTIVE-103099836.1

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

I, William R. Overend, declare: 1. I am a partner with Reed Smith LLP, local counsel for Stryker in the above-captioned

action. I have personal knowledge of the matters set forth below, and if called upon I could and would testify competently thereto. 2. The reasons for the requested re-scheduling are stated in Paragraphs 1-3 of the

Stipulation herein. 3. No previous time modifications have been sought or entered in this case which have

altered any date set by this Court's May 14, 2009 Case Management Order or November 6, 2009 Minute Order, or any other deadline already fixed by the Court, with the exception of an extension of the deadline to file the parties' Joint Claim Construction Statement from December 17, 2009 to January 7, 2010 (which the Court granted). 4. The requested extension would affect only the deadlines set forth in the Stipulation,

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

but will not affect trial, pretrial or other case deadlines. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. DATED: January 27, 2010. By /s/ William R. Overend William R. Overend

­7­

US_ACTIVE-103099836.1

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support Case No. C 09-0355 (VRW)