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

Filing 238

STIPULATION AND ORDER EXTENDING DEADLINES, re doc 237 filed by Stryker Corporation, Stryker Communications, Inc. Signed by Judge Vaughn R Walker on 12/6/2010. (cgk, COURT STAFF) (Filed on 12/6/2010)

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

Doc. 238

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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) STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES [Civ. L.R. 6-2 & 7-12] Honorable Vaughn R. Walker

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

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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)

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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, with subsequent deadlines and hearing dates spaced apart in the manner shown above. 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 at the June 23, 2010 hearing. ­2­
Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
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A limited liability partnership formed in the State of Delaware

3.

In order to maintain the originally intended amount of time between the June 23,

2010 hearing and the subsequent deadlines, the parties sought a continuation of those deadlines. Pursuant to stipulation of the parties, the Court granted the continuation in an Order dated May 24, 2010 (Doc # 217). 4. By Clerk's Notice on June 2, 2010 (Doc # 218), the Court notified the parties that the

June 23, 2010 hearing was continued to September 1, 2010. Pursuant to stipulation of the parties, the Court on August 27, 2010 further continued the hearing from September 1, 2010 to October 6, 2010. Also pursuant to stipulation of the parties, the Court continued the subsequent case deadlines in an Order dated September 9, 2010 (Doc # 228). 5. By Clerk's Notice on October 4, 2010 (Doc # 236), the Court notified the parties that

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the hearing scheduled for October 6, 2010 was vacated, to be rescheduled at a later time. In a subsequent telephone conference with counsel for both parties, the Courtroom deputy informed the parties that January 12, 2011 was an available date to re-set the hearing. 6. the following: The parties hereby propose and stipulate to a new hearing date of January 12, 2011 on (a) claim construction; (b) Stryker's Motion for Summary Judgment of Non-

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Infringement; and (c) KSEA's Cross Motion for Partial Summary Judgment of Infringement (collectively, "the Motions"). 7. Pursuant to conversations with the Court's courtroom deputy, the parties understand

that the proposed January 12, 2011 date for the Hearing, even if presently adopted by the Court, may need to be vacated and re-scheduled in the future. Moreover, the parties understand that the entire case will be transitioned to a new judge when Judge Walker retires in 2011. The identity of the new judge is not presently known to the parties. 8. As a result, there exists considerable uncertainty as to the date on which the hearing

on the Motions will ultimately take place. Accordingly, the parties believe that it is most efficient to schedule the remaining case deadlines so that they are linked to the actual date on which the Motions are heard ("New Hearing Date"). By doing so, the parties will be able to maintain the originally intended amount of time between the New Hearing Date and the subsequent case deadlines, without having to file additional stipulations re-setting the other case deadlines if the hearing on the Motions ­3­
Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
US_ACTIVE-103069979.1

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A limited liability partnership formed in the State of Delaware

is continued or vacated again. Accordingly, the parties hereby propose and stipulate to subsequent deadlines that are scheduled relative to the New Hearing Date as follows: 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 17 weeks after the New Hearing Date 17 weeks after the New Hearing Date 22 weeks after the New Hearing Date 30 weeks after the New Hearing Date 39 weeks after the New Hearing Date 44 weeks after the New Hearing Date 57 weeks after the New Hearing Date (pending court availability)

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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.

IT IS SO STIPULATED. Respectfully submitted, Dated: December 1, 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. ­4­
Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
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Dated: December 1, 2010.

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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: December 1, 2010. REED SMITH LLP By /s/ William R. Overend William R. Overend Attorneys for Defendants Stryker Corporation and Stryker Communications, Inc.

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Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
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REED SMITH LLP

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A limited liability partnership formed in the State of Delaware

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.
ISTRIC ES D TC T_______________________________ _____________ TA
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December 6 Dated: ____________________, 2010

Honorable Vaughn Walker United States District Judge ED RDER
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Stipulation and Proposed Order Extending Deadlines Case No. C 09-0355 (VRW)
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