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

Filing 228

STIPULATION AND ORDER EXTENDING DEADLINES re 220 filed by Stryker Corporation, Stryker Communications, Inc. Fact discovery deadline: 1/12/2011. Deadline to disclose expert witnesses: 1/12/2011. Deadline to serve expert reports for which a party be ars the burden of proof: 2/16/2011. Deadline to serve rebuttal expert reports: 4/13/2011. Expert discovery deadline: 6/15/2011. Deadline to file dispositive motions: 8/24/2011. Hearing on dispositive motions: 10/6/2011 at 10:00 AM.. Signed by Judge Vaughn R Walker on 9/9/2010. (cgk, COURT STAFF) (Filed on 9/9/2010)

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Karl Storz Endoscopy-America, Inc. v. Stryker, Inc. et al Doc. 228 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: gvogler@mcandrews-ip.com Robert A Surrette (admitted pro hac vice) Email: bsurrette@mcandrews-ip.com Andrew W. Bateman(admitted pro hac vice) Email: abateman@mcandrews-ip.com McANDREWS, HELD & MALLOY, LTD 500 West Madison Street, 34th Floor Chicago, IL 60661 Telephone: 312-775-8000 Facsimile: 312-775-8100 William R. Overend (SBN 180209) Email: woverend@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 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) 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 Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW) US_ACTIVE-103069979.1 Dockets.Justia.com 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 schedule of deadlines and hearings: Claim construction hearing 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 March 17, 2010 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 REED SMITH LLP Thus, the Court originally arranged the case schedule such that the close of fact discovery and the deadline to disclose expert witnesses would occur approximately four months after the claim construction hearing. 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. In order to maintain the originally intended amount of time between the claim 2 Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW) US_ACTIVE-103069979.1 1 2 3 4 5 6 7 8 9 A limited liability partnership formed in the State of Delaware construction hearing and the subsequent deadlines, the parties sought a continuation of those deadlines. Thus, by Order dated May 24, 2010 (Doc # 217), the Court set the following schedule pursuant to stipulation of the parties: 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 4. REED SMITH LLP By Clerk's Notice on June 2, 2010 (Doc # 218), the Court notified the parties that the claim construction (and summary judgment and Rule 56(f)) hearing would be continued from June 23, 2010 to September 1, 2010. 5. Despite the diligent efforts of the parties, the parties believe that additional time will be needed to fully and fairly conduct discovery. The new hearing date of September 1, 2010 provides only a narrow window of time between the claim construction (and summary judgment and Rule 56(f)) hearing and the close of fact discovery on October 14, 2010. Moreover, counsel for KSEA has recently discovered the existence of a large number of documents that are responsive to Stryker's discovery requests but have not yet been produced. KSEA has had difficulties procuring many of these documents, which are in the custody of overseas entities. The parties have had to postpone related discovery as a result, including the depositions of three individuals listed as inventors on the patents-in-suit. 6. To preserve approximately the original time interval between the claim construction hearing and the close of fact discovery (and the original time intervals between the other, subsequent 3 Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW) US_ACTIVE-103069979.1 1 2 3 4 5 6 7 8 9 A limited liability partnership formed in the State of Delaware deadlines), and in light of KSEA's need for additional time to obtain and produce the documents noted above, the parties propose the following modifications to the schedule (which extend the current dates 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 January 12, 2011 January 12, 2011 February 16, 2011 April 13, 2011 June 15, 2011 August 24, 2011 October 6, 2011 (pending court availability) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. REED SMITH LLP 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. 4 Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW) US_ACTIVE-103069979.1 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: August 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: August 17, 2010. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: August 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. 5 Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW) US_ACTIVE-103069979.1 1 2 3 4 5 6 7 8 9 A limited liability partnership formed in the State of Delaware ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. September 9 Dated: ____________________, 2010 UNIT ED S S DISTRICT TE C _________TA_________________________________ __ RT U O Honorable Vaughn Walker United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 N F D IS T IC T O R REED SMITH LLP A 10 ER C LI US_ACTIVE-103069979.1 aughn R Judge V Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW) FO Walker R NIA NO RT H

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