Bender v. Maxim Integrated Products, Inc.

Filing 42

ORDER Re: Amended Infringement Contentions re 40 (tf, COURT STAFF) (Filed on 11/19/2009)

Case3:09-cv-01152-SI Document40

Filed11/17/09 Page1 of 3

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Greg L. Lippetz (State Bar No. 154228) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant Maxim Integrated Products, Inc.

David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for Plaintiff Gregory Bender

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Gregory Bender, Case No. C09-01152-SI Plaintiff, STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED INFRINGEMENT CONTENTIONS

12 13 v. 14 Maxim Integrated Products, Inc., 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff Gregory Bender ("Plaintiff") and Defendant Maxim Integrated Products, Inc, ("Defendant"), through their respective counsel, hereby make the following stipulation with regards to Plaintiff's infringement contentions. WHEREAS on September 29, 2009, Plaintiff served his infringement contentions on Defendant. WHEREAS, on October 19, 2009, Defendant filed a motion to compel more detailed infringement contentions from Plaintiff (D.I. 24). Said motion is still in the briefing phase. WHEREAS, the Court has granted Defendant temporarily relief from its discovery obligations pending resolution of this issue in its order dated October 28, 2009 (D.I. 34). WHEREAS, Plaintiff has agreed to amend his contentions, and

STIPULATION REGARDING AMENDED INFRINGEMENT CONTENTIONS CASE NO. 09-cv-01152-SI

Case3:09-cv-01152-SI Document40

Filed11/17/09 Page2 of 3

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WHEREAS, Defendant has agreed to withdraw its motion to compel, without prejudice, pending receipt of the forthcoming amended contentions. THE PARTIES HEREBY STIPULATE THAT: Plaintiff shall serve amended infringement contentions on or before December 18, 2009. Defendant shall withdraw its motion to compel amended infringement contentions, without prejudice to re-filing once it receives the amended contentions. Defendant's obligations under Patent L.R. 3-3 and 3-4 shall be due 45 days from receipt of Plaintiff's amended contentions unless Defendant renews its motion to compel within 14 days. The Court's previous order granting Defendant temporary relief from its discovery obligations (D.I. 34) shall remain in place until the dispute is resolved. Respectfully submitted, Dated: November 17, 2009 Jones Day By: /s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant Maxim Integrated Products, Inc. In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: November 17, 2009 By: /s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff Gregory Bender

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STIPULATION REGARDING AMENDED INFRINGEMENT CONTENTIONS CASE NO. 09-cv-01152-SI

Case3:09-cv-01152-SI Document40

Filed11/17/09 Page3 of 3

1 2 3 4 DATED: ______________, 2009 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION REGARDING AMENDED INFRINGEMENT CONTENTIONS CASE NO. 09-cv-01152-SI SVI-74638v1

PURSUANT TO STIPULATION, IT IS SO ORDERED:

By: THE HON. SUSAN ILLSTON United States District Court Judge