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

Filing 91

STIPULATION AND ORDER SETTING CASE SCHEDULE. Signed by Magistrate Judge Bernard Zimmerman on 5/13/2011. (bzsec, COURT STAFF) (Filed on 5/13/2011)

1 SAMUEL K. LU (SBN 171969)
NATHAN LOWENSTEIN (SBN 241067)
2 KIMBERLY ROURA (SBN 261158)
IRELL & MANELLA LLP
3 1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
4 Telephone: [phone]
Facsimile: [phone]
5 E-mail: [e-mail]
E-mail: [e-mail]
6 E-mail: [e-mail]
7 Attorneys for Plaintiff
PLANTRONICS, INC.
8
9 ROBERT P. FELDMAN (SBN 69602)
GABRIEL S. GROSS (SBN 254672)
10 QUINN EMANUEL URQUHART &
SULLIVAN, LLP
11 555 Twin Dolphin Dr.,
5th Floor
12 Redwood Shores, CA 94065
Telephone: [phone]
13 Facsimile: [phone]
E-mail: [e-mail]
14 E-mail: [e-mail]
15 Attorneys for Defendants ALIPH, INC.
and ALIPHCOM, INC.
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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20 PLANTRONICS, INC.,
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Plaintiff,
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v.
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Case No. C 09-01714 BZ
STIPULATION AND [PROPOSED]
ORDER SETTING CASE SCHEDULE

24 ALIPH, INC. and ALIPHCOM, INC.,
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Defendants.

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Case No. C 09-01714 BZ
STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE

1

Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Civil Local Rule 16-9,

2 and in accordance with the Court’s January 31, 2011, Order Setting Trial Schedule (D.N. 89),
3 Plaintiff Plantronics, Inc. (“Plantronics”) and Defendants Aliph, Inc. and AliphCom, Inc.
4 (collectively, “Aliph”), by and through their counsel, hereby submit the following stipulation and
5 proposed order.
6

WHEREAS, the Court has ordered the parties to stipulate to a proposed schedule based on

7 certain assumptions (D.N. 89); and
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WHEREAS, the parties have met and conferred and reached agreement on a case schedule

9 for remaining events and deadlines that is consistent with the Court’s direction;
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ACCORDINGLY, the parties agree that the schedule below reflects their agreement and

11 comports with the Court’s order to stipulate to a proposed schedule:
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Case Event

Deadline

Patent L.R. 4-2 Exchange of Preliminary Claim
Constructions

May 19, 2011

Patent L.R. 4-3 Joint Claim Construction and
Prehearing Statement

June 10, 2011

Patent L.R. 4-4 Close of Claim Construction
Discovery

July 1, 2011

Patent L.R. 4-5(a) Opening Claim Construction
Brief

July 11, 2011

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

July 25, 2011

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

August 1, 2011

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Patent L.R. 4-6 Markman Hearing

September 7, 2011

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Two weeks after the Court issues its claim
construction order

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Last Day to Amend Pleadings (except for
amending Answer to add inequitable conduct
defense)

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Patent L.R. 3-7 Advice of Counsel Production

Not later than 50 days after service by the
Court of its Claim Construction Ruling

Settlement Conference

Not later than 60 days after service by the
Court of its Claim Construction Ruling

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Case No. C 09-01714 BZ
-1STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE

1

Case Event

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November 11, 2011

3

Last Day to Amend Answer to Include Inequitable
Conduct Defense

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Fact Discovery Cut-off

November 23, 2011

5

Disclosure of Identity of Experts

December 2, 2011

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Written Expert Reports Due

December 9, 2011

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Rebuttal Expert Reports Due

January 11, 2012

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Expert Discovery Cut-off

February 3, 2012

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Deadline For Filing Dispositive Motions

February 15, 2012

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Pre-Trial Conference

May 2, 2012

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Trial

May 21, 2012

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Deadline

IT IS SO STIPULATED.

13
14 Dated: May 6, 2011

IRELL & MANELLA LLP

15
By: /s/Nathan Lowenstein
Nathan Lowenstein
Attorneys for Plaintiff
PLANTRONICS, INC.

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Dated: May 6, 2011

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QUINN EMANUEL URQUHART & SULLIVAN,
LLP

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By: /s/Gabriel S. Gross
Gabriel S. Gross
Attorneys for Defendants
ALIPH, INC. and ALIPHCOM, INC.

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I, Gabriel S. Gross, am the ECF User whose identification and password are being used to

26 file this document. Pursuant to General Order 45.X.B, I hereby attest that counsel for Plaintiff has
27 concurred in this filing.
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Case No. C 09-01714 BZ
-2STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE

1
2

ORDER
The Case Management Statement and Proposed Order is hereby adopted by the Court as

3 the Case Management Order for the case. The Court adopts the following schedule:
4
5

Case Event

Deadline

Patent L.R. 4-2 Exchange of Preliminary Claim
Constructions

May 19, 2011

Patent L.R. 4-3 Joint Claim Construction and
Prehearing Statement

June 10, 2011

Patent L.R. 4-4 Close of Claim Construction
Discovery

July 1, 2011

Patent L.R. 4-5(a) Opening Claim Construction
Brief

July 11, 2011

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

July 25, 2011

12
13

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

August 1, 2011

14

Patent L.R. 4-6 Markman Hearing

September 7, 2011

15

Two weeks after the Court issues its claim
construction order

16

Last Day to Amend Pleadings (except for
amending Answer to add inequitable conduct
defense)

17

Patent L.R. 3-7 Advice of Counsel Production

Not later than 50 days after service by the
Court of its Claim Construction Ruling

Settlement Conference

Not later than 60 days after service by the
Court of its Claim Construction Ruling

Last Day to Amend Answer to Include Inequitable
Conduct Defense

November 11, 2011

Fact Discovery Cut-off

November 23, 2011

Disclosure of Identity of Experts

December 2, 2011

Written Expert Reports Due

December 9, 2011

Rebuttal Expert Reports Due

January 11, 2012

Expert Discovery Cut-off

February 3, 2012

Deadline For Filing Dispositive Motions

February 15, 2012

Pre-Trial Conference

May 2, 2012

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Case No. C 09-01714 BZ
-3STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE

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Case Event
Trial

Deadline
May 21, 2012

3
4 Dated: May 13, 2011
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6

THE HON. BERNARD ZIMMERMAN
United States Magistrate Judge

7

A Status Conference to discuss the claims construction is scheduled for May 24, 2011 at
8 4:00 p.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San
Francisco, California 94102.
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Case No. C 09-01714 BZ
-4STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE