Plantronics, Inc. v. ALIPH, INC. et al

Filing 81

ORDER re 80 Case Management Statement filed by ALIPH, INC., ALIPHCOM, INC.. Signed by Magistrate Judge Bernard Zimmerman on 11/20/2009. (bzsec, COURT STAFF) (Filed on 11/20/2009)

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SAMUEL K. LU (SBN 171969) NATHAN N. LOWENSTEIN (SBN 241067) BRIAN D. KRECHMAN (SBN 254418) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff PLANTRONICS, INC.

JAMES POOLEY (SBN 58041) MICHAEL A. JACOBS (SBN 111664) SUSAN V. VAUGHAN (SBN 223576) JONATHAN L. MCFARLAND (SBN 247601) CHRISTOPHER L. ROBINSON (SBN 260778) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] DAVID SCHNAPF (SBN 100199) TOWNSEND & TOWNSEND & CREW LLP Two Embarcadero Center, 8th Floor San Francisco, California 94111-3834 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants ALIPH, INC. and ALIPHCOM, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

PLANTRONICS, INC. Plaintiff v. ALIPH, INC. and ALIPHCOM, INC., Defendants.

Case No. C 09-01714 BZ SECOND AMENDED JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

SECOND AMENDED JOINT CMC STATEMENT - C 09-01714 BZ pa-1371452

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Whereas on November 9, 2009, Defendants Aliph, Inc. and Aliphcom (collectively "Aliph") filed in the United States Patent and Trademark Office an ex parte application for reexamination of United States Patent and Trademark Office of United States Patent No. 5,712,453, Whereas on November 11, 2009, Aliph filed a Motion to Stay the subject action pending outcome of the reexamination request and any reexamination proceedings (collectively, "the reexamination") (Docket No. 77), Whereas on November 19, Plaintiff Plantronics, Inc., filed a Statement of Non-Opposition in regard to Aliph's Motion to Stay (Docket No. 79), Whereas the parties agree and stipulate that discovery in the subject action should be stayed pending outcome of the reexamination, and Whereas the parties agree that all pending dates in the Court's Case Management Order should be stayed pending outcome of the reexamination, Therefore the parties stipulate to and jointly file the following proposed amendment to the Case Management Statement, with accompanying Proposed Order: Patent L.R. 3-1 Preliminary Infringement Contentions and Patent L.R. 3-2 Document Production Patent L.R. 3-3 Preliminary Invalidity Contentions and Patent L.R. 3-4 Document Production Patent L.R. 4-1 Exchange of Proposed Terms Patent L.R. 4-2 Exchange of Preliminary Claim Constructions Patent L.R. 4-3 Joint Claim Construction and Prehearing Statement Patent L.R. 4-4 Close of Claim Construction Discovery Patent L.R. 4-5(a) Opening Claim Construction Brief September 14, 2009 November 2, 2009 Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination

SECOND AMENDED JOINT CMC STATEMENT - C 09-01714 BZ pa-1371452

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Patent L.R. 4-5(b) Responsive Claim Construction Brief Patent L.R. 4-5(c) Reply Claim Construction Brief Claim Construction Hearing

Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination

Last Day to Amend Pleadings (except for amending Answer to add Stayed pending outcome inequitable conduct defense) of reexamination Patent L.R. 3-7 Advice of Counsel Production Last Day for Aliph to Amend Answer to Include Inequitable Conduct Defense Fact Discovery Cut-off Disclosure of Identity of Experts Written Expert Reports Due Rebuttal Expert Reports Due Expert Discovery Cut-off Status Conference to Discuss Dispositive Motions Deadline for Filing Dispositive Motions Pretrial Conference TRIAL Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination Stayed pending outcome of reexamination The parties respectfully request the Court order this proposed amendment to the Case Management Statement.

SECOND AMENDED JOINT CMC STATEMENT - C 09-01714 BZ pa-1371452

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Dated: November 19, 2009

IRELL & MANELLA LLP

By:

/s/ Samuel K. Lu SAMUEL K. LU Attorneys for Plaintiff PLANTRONICS, INC.

Dated: November 19, 2009

MORRISON & FOERSTER LLP TOWNSEND & TOWNSEND & CREW LLP

By:

/s/ Susan V. Vaughan SUSAN V. VAUGHAN Attorneys for Defendants ALIPH, INC. and ALIPHCOM, INC.

[PROPOSED] CASE MANAGEMENT ORDER The Amended Case Management Statement and Proposed Order is hereby adopted by the Court as the Case Management Order for the case. The parties shall comply with this Order. IT IS SO ORDERED. Plantronics shall promptly inform the Court of the PTO's decision. November 20 Dated: _____________, 2009 _____________________________ Hon. Bernard Zimmerman United States Magistrate Judge

ATTESTATION OF CONCURRENCE Pursuant to General Order No. 45, Section X(B), I, Susan V. Vaughan, attest that concurrence in the filing of this document has been obtained from each of the other signatories in lieu of their signature(s) on the document. By: __/s/ Susan V. Vaughan_____ SUSAN V. VAUGHAN

SECOND AMENDED JOINT CMC STATEMENT - C 09-01714 BZ pa-1371452

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SECOND AMENDED JOINT CMC STATEMENT - C 09-01714 BZ pa-1371452

CERTIFICATION OF SERVICE I hereby certify that on November 19, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the email addresses on file with the Clerk of Court. By: __/s/ Susan V. Vaughan_____ SUSAN V. VAUGHAN

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