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

Filing 217

STIPULATION AND ORDER re doc 215 filed by Stryker Corporation, Stryker Communications, Inc. Fact Discovery cutoff: 10/14/2010. Deadline to disclose expert witnesses: 10/14/2010. Deadline to serve expert reports for which a party bear the burden of proof: 11/18/2010. Deadline to serve rebuttal expert reports: 1/13/2011. Expert discovery deadline: 3/17/2011. Deadline to file dispositive motions: 5/26/2011. Hearing on dispositive motions: 7/7/2011 at 10:00 AM. Signed by Judge Vaughn R Walker on 5/24/2010. (cgk, COURT STAFF) (Filed on 5/24/2010)

1 2 3 4 5 6 7 8 9
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., Plaint iff, vs. STRYKER CORPORATION and STRYKER COMMUNICATIONS, INC., Defendants. AND RELATED COUNTERCLAIMS Case No. C 09-0355 (VRW) AMENDED STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES [Civ. L.R. 6-2 & 7-12] Honorable Vaughn R. Walker

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

­1­
Amended Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)

US_ACTIVE-103711678.2

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

Pursuant to Civil Local Rules 6-2 and 7-12, 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 to and jointly request the Court as follows: 1. By Order dated May 14, 2009 (Doc # 96-1), the Court entered an initial case

management order. That order included the following deadlines: Fact discovery deadline Deadline to disclose expert witnesses Deadline to serve expert report(s) for which a party bears the burden of proof Deadline to serve rebuttal expert reports Expert discovery deadline Deadline to file dispositive motions Hearings on dispositive motions July 16, 2010 July 16, 2010 August 20, 2010 October 15, 2010 December 17, 2010 January 21, 2011 April 21, 2011 (pending court availability)

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.

REED SMITH LLP

The May 14, 2009 Order also set the claim construction hearing for March 17, 2010.

Thus, the Court originally arranged the case schedule such that the close of fact discovery and disclosure of expert witnesses would occur approximately three months after the claim construction hearing. 3. Based on the Court's Notice of Unavailability and subsequent communications with

the Courtroom Deputy, Cora Klein, the parties learned that the Court would no longer be available for the claim construction hearing on March 17, 2010. Thus, the parties filed a stipulation and proposed order to move the hearing to a date on which the Court was available. Accordingly, by Order dated January 27, 2010 (Doc # 186), the Court entered a modified schedule for certain events up to and including the claim construction hearing. The Order continued the claim construction hearing date from March 17, 2010, until June 23, 2010. Per the Order, Stryker's Motion for Summary Judgment of Non-Infringement and KSEA's Cross Motion for Partial Summary Judgment ­2­
Amended Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
US_ACTIVE-103711678.2

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

of Infringement will also be heard on June 23, 2010. 4. The new claim construction (and summary judgment) hearing date of June 23, 2010,

provides only a narrow window of time between the hearing and the close of fact discovery on July 16, 2010. Despite the diligent efforts of the parties to conduct discovery in parallel with other case deadlines pertaining to summary judgment briefing and claim construction, the parties believe that additional time will be needed to fully and fairly conduct discovery. To preserve the original time interval between the claim construction hearing and the close of fact discovery, and to preserve the original time intervals between the other, subsequent deadlines, the parties propose the following modifications to the schedule (which extend the current deadlines by approximately ninety days): Fact discovery deadline Deadline to disclose expert witnesses Deadline to serve expert report(s) for which a party bears the burden of proof Deadline to serve rebuttal expert reports Expert discovery deadline Deadline to file dispositive motions Hearings on dispositive motions October 14, 2010 October 14, 2010 November 18, 2010 January 13, 2011 March 17, 2011 May 26, 2011 July 7, 2011 (pending court availability)

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ­3­
Amended Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
US_ACTIVE-103711678.2

REED SMITH LLP

5.

Pursuant to Civil L.R. 6-2(a)(1)-(3), this stipulated request is accompanied by the

Declaration of William R. Overend 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.

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

IT IS SO STIPULATED. Respect fully submitted, Dated: May 17, 2010. REED SMITH LLP By /s/ William R. Overend William R. Overend Attorneys for Defendants Stryker Corporation and Stryker Communications, Inc. BECK, ROSS, BISMONTE & FINLEY, LLP By /s/ Alfredo A. Bismonte_____ Alfredo A. Bismonte Attorneys for Plaintiff Karl Storz Endoscopy-America, Inc. CERTIFICATION I hereby attest that concurrence in the filing of this document has been obtained by the above named signatories.

Dated: May 17, 2010.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: May 17, 2010.

REED SMITH LLP

REED SMITH LLP By /s/ William R. Overend William R. Overend Attorneys for Defendants Stryker Corporation and Stryker Communications, Inc.

­4­
Amended Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)

US_ACTIVE-103711678.2

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

ORDER
S DISTRICT TE C TA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

RT U O

UNIT ED

S

N

F D IS T IC T O R

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ­5­
Amended Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
US_ACTIVE-103711678.2

REED SMITH LLP

A

LI

FO

May 24 Dated: ____________________, 2010

_________________a_gh_____er___________________ _ Walk_ u nR Judg V Honorable Vaughne Walker ER United States District Judge C
NO

R NIA

RT

H