Bender v. Nokia Inc.

Filing 41

ORDER APPROVING STIPULATION REGARDING DEADLINE FOR INVALIDITY CONTENTIONS. Defendant's obligations under Patent L.R. 3-3 and 3-4, and any other obligations to produce technical documents, are stayed until 45 days after resolution of the parties' dispute regarding the sufficiency of plaintiff's infringement contentions. Signed by Judge Maxine M. Chesney on February 19, 2010. (mmclc1, COURT STAFF) (Filed on 2/19/2010)

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1 2 3 4 5 Greg L. Lippetz (State Bar No. 154228) glippetz@jonesday.com Cora L. Schmid (State Bar No. 237267) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Attorneys for Defendant Nokia Inc. David N. Kuhn (State Bar No. 73389) Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: (510) 653-4983 E-mail: dnkuhn@pacbell.net Attorney for plaintiff Gregory Bender 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Gregory Bender ("Plaintiff") and Defendant Nokia Inc, ("Defendant"), through their respective counsel, hereby make the following stipulation with regards to Defendant's invalidity contentions. WHEREAS, Plaintiff served his infringement contentions on January 8, 2010. WHEREAS, on February 3, 2010, Defendant informed Plaintiff that Defendant believes the infringement contentions do not comply with Patent L.R. 3-1, that Defendant intends to seek Court resolution of this issue including a stay of Defendant's invalidity contention and document production obligations, and that Defendant requests a meet and confer between the parties to discuss the issue. WHEREAS, Plaintiff has not yet been available to meet and confer on this issue. WHEREAS, the parties have agreed to stay Defendant's invalidity contention and document production obligations pending the resolution of this matter. STIPULATION REGARDING INVALIDITY CONTENTION DEADLINE CASE NO. 09-cv-01247 MMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Gregory Bender, Plaintiff, v. Nokia Inc., Defendant. Case No. C09-01247 MMC STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINE FOR INVALIDITY CONTENTIONS 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 THE PARTIES HEREBY STIPULATE THAT: Defendant's obligations under Patent L.R. 3-3 and 3-4 and any other obligations to produce technical documents shall be stayed until 45 days after the resolution of the parties' dispute regarding the sufficiency of Plaintiff's infringement contentions. Respectfully submitted, Dated: February 18, 2010 Jones Day By: /s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Counsel for Defendant Nokia 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: February 18, 2010 By: /s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: (510) 653-4983 Counsel for Plaintiff Gregory Bender PURSUANT TO STIPULATION, IT IS SO ORDERED: February 19 DATED: ______________, 2010 By: _____ THE HON. MAXINE M. CHESNEY United States District Court Judge -2- STIPULATION REGARDING INVALIDITY CONTENTION DEADLINE CASE NO. 09-cv-01247 MMC

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