Bender v. Broadcom Corporation

Filing 36

STIPULATION AND ORDER extending time to and including 2/18/2010 for responsive pleadings and disclosures; Signed by Judge Marilyn Hall Patel on 1/12/2010. (awb, COURT STAFF) (Filed on 1/13/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DARIN W. SNYDER (State Bar #136003), dsnyder@omm.com ANNE E. HUFFSMITH (State Bar #236438), ahuffsmith@omm.com O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, California 94111-3823 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 Attorneys for Defendant BROADCOM CORPORATION David N. Kuhn (State Bar #73389) Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: (510) 653-4983 E-mail: dnkuhn@pacbell.net Attorney for Plaintiff and Counterdefendant GREGORY BENDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GREGORY BENDER, Plaintiff, v. BROADCOM CORPORATION, Defendant. Case No. 3:09-cv-1147 (MHP) CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER WHEREAS Plaintiff Gregory Bender served his Patent Local Rule 3-1 infringement contentions on December 14, 2009; WHEREAS Defendant Broadcom Corporation contests the sufficiency of Bender's infringement contentions; WHEREAS Broadcom and Bender have met and conferred regarding Broadcom's objections to Bender's infringement contentions; STIPULATION AND [PROPOSED] ORDER CASE NO. 3:09-CV-1147 (MHP) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS Broadcom's Patent Local Rule 3-3 and 3-4 disclosures and response to Bender's complaint are currently due on January 28, 2010; WHEREAS Bender has agreed to provide more specific infringement contentions no later than January 25, 2010, and Bender and Broadcom have agreed to continue, subject to this Court's approval, the dates for Broadcom's Patent Local Rule 3-3 and 3-4 disclosures and response to Bender's complaint to allow Bender to provide more specific infringement contentions and to resolve any disputes over those more specific infringement contentions; THEREFORE, pursuant to Civil Local Rule 6-2(a), the parties hereby STIPULATE and AGREE that the deadline for Broadcom to serve its Patent Local Rule 3-3 and 3-4 disclosures and to respond to Bender's complaint shall be extended by 21 days, until February 18, 2010, to allow the parties additional time to resolve their disagreement regarding the sufficiency of Bender's infringement contentions. The Patent Local Rule 4-1, 4-2, 4-3, and 4-4 deadlines will follow from the modified Patent Local Rule 3-3 and 3-4 deadline. The declaration required by Civil Local Rule 6-2(a) is attached. (See Huffsmith Declaration.) Respectfully submitted, Dated: January 11, 2010 By: /s/ Darin W. Snyder Darin W. Snyder O'Melveny & Myers LLP Counsel for Defendant BROADCOM CORPORATION By: /s/ David N. Kuhn David N. Kuhn Attorney-at-Law Counsel for Plaintiff GREGORY BENDER Dated: January 11, 2010 STIPULATION AND [PROPOSED] ORDER -2- CASE NO. 3:09-CV-1147 (MHP) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to General Order No. 45 X(B), I hereby attest that concurrence in the filing of this document has been obtained from each of the above-listed signatories. Respectfully submitted, Dated: January 11, 2010 By: /s/ Anne E. Huffsmith Anne E. Huffsmith O'Melveny & Myers LLP Counsel for Defendant BROADCOM CORPORATION PURSUANT TO STIPULATION IT IS SO ORDERED: 1/12/2010 Dated: _________________________ UNIT ED S DISTRICT TE _____________________________________ C TA Honorable Marilyn Hall Patel The RT U O S United States District Judge ER N F D IS T IC T O R STIPULATION AND [PROPOSED] ORDER -3- CASE NO. 3:09-CV-1147 (MHP) A C LI FO arily Judge M n H. Pa tel R NIA OO IT IS S RDERE UNIT ED D S S DISTRICT TE C TA RT U O D DENIE ER N F D IS T IC T O R A C LI FO Judge Marilyn H. Patel R NIA NO RT H NO RT H

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