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

Filing 223

STIPULATION AND ORDER TO CONTINUE MOTIONS FOR SUMMARY JUDGMENT AND CLAIM CONSTRUCTION HEARING to 10/6/2010 at 9:30 AM, re doc 221 Stipulation filed by Karl Storz Endoscopy-America, Inc. Signed by Judge Vaughn R Walker on 8/27/2010. (cgk, COURT STAFF) (Filed on 8/27/2010)

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

Doc. 223

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BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

Justin T. Beck (Cal. Bar No. 53138) Alfredo A. Bismonte (Cal. Bar No. 136154) Ron C. Finley (Cal. Bar. No. 200549) Jeremy M. Duggan (Cal. Bar No. 229854) BECK, ROSS, BISMONTE & FINLEY, LLP 50 West San Fernando Street, Suite 1300 San Jose, California 95113 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Wesley W. Whitmyer David W. Aldrich Christopher H. Strate Walter B. Welsh ST. ONGE STEWARD JOHNSTON & REENS LLC 986 Bedford Street Stamford, Connecticut 06905 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff, Karl Storz Endoscopy-America, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. C 09-0355 (VRW) KARL STORZ ENDOSCOPY-AMERICA, INC. Plaintiff, v. STRYKER CORPORATION, AND STRYKER COMMUNICATIONS, INC. Defendants. STIPULATION AND [PROPOSED] ORDER CONTINUING MOTIONS FOR SUMMARY JUDGMENT HEARING AND CLAIM CONSTRUCTION HEARING [Civ. L.R. 6-2 & 7-12] Honorable Vaughn R. Walker

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Case No. C 09-0355 (VRW) STIP AND ORDER RE MSJ AND CLAIM CONSTRUCTION

Dockets.Justia.com

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BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Karl Storz EndoscopyAmerica, 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 scheduling a Claim Construction Hearing for March 17, 2010. 2. Due to the Court's unavailability, and pursuant to stipulation of the parties,

the Court ordered on February 1, 2010 (Doc #186) that the claim construction hearing be continued from March 17, 2010 until June 23, 2010. Per the Order, Stryker's Motion for Summary Judgment of Non-Infringement, KSEA's Cross Motion for Partial Summary Judgment of Infringement, and KSEA's Rule 56(f) Motion to Allow Time for Necessary Discovery in Light of Pending Motion for Summary Judgment were also scheduled to be heard on June 23, 2010. 3. By Clerk's Notice on June 2, 2010 (Doc # 218), the Court notified the

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parties that the claim construction and summary judgment hearing would be continued from June 23, 2010 to September 1, 2010. 4. Plaintiff KSEA recently determined it would likely withdraw certain

asserted claims in this action. These claims are part of the subject matter of the pending summary judgment motions as well as the claim construction hearing currently set for September 1, 2010. Plaintiff KSEA has therefore requested a continuance of the

deadlines scheduled for September 1, 2010 to allow the likely withdrawal of these asserted claims. The parties agree this continuance will result in economy and

convenience for each party as well as the Court. 5. The Clerk of Judge Walker, Cora Klein, has been consulted and has

tentatively scheduled October 6, 2010 at 9:30 AM for the rescheduled hearing of the motions for summary judgment as well as the claim construction. She has directed the
Case No. C 09-0355 (VRW) STIP AND ORDER RE MSJ AND CLAIM CONST. 1

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parties to submit a stipulation and proposed order for consideration of the Court. 6. Pursuant to Civil L.R. 6-2(a)(1)-(3), this stipulated request is accompanied

by the Declaration of Alfredo A. Bismonte 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. 7 8 9 10 11
BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

Respectfully submitted, Dated: August 26, 2010. BECK, ROSS, BISMONTE & FINLEY, LLP By ___/s/ Alfredo A. Bismonte Attorneys for Plaintiff Karl Storz Endoscopy-America, Inc. Dated: August 26, 2010. REED SMITH LLP By /s/ William R. Overend Attorneys for Defendants Stryker Corporation and Stryker Communications, Inc.

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CERTIFICATION I hereby attest pursuant to General Order 45, Section X, that concurrence in the

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filing of this document has been obtained by the above named signatories.

Case No. C 09-0355 (VRW) STIP AND ORDER RE MSJ AND CLAIM CONST.

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BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

DATED: August 26, 2010 BECK, ROSS, BISMONTE & FINLEY LLP By __/s/__ Alfredo A. Bismonte Attorneys for Plaintiff Karl Storz Endoscopy-America, Inc.

ORDER

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S DISTRICT TE C PURSUANT TO STIPULATION, IT IS SO ORDERED. TA

August 27 Dated: ____________________, 2010

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Case No. C 09-0355 (VRW) STIP AND ORDER RE MSJ AND CLAIM CONST. 3

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____________________________________________ alker Honorable Vaughn Walkern R W Vaugh J dge Chief Judge ofuthe United States District Court

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