Data Retrieval Technology LLC v. Sybase Inc et al

Filing 58

STIPULATION AND CASE MANAGEMENT ORDER. Signed by Judge Vaughn R Walker on 7/16/2009. (cgk, COURT STAFF) (Filed on 7/16/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Scott D. Baker (SBN 84923) Email: sbaker@reedsmith.com John P. Bovich (SBN 150688) Email: jbovich@reedsmith.com Jonah D. Mitchell (SBN 203511) Email: jmitchell@reedsmith.com James A. Daire (SBN 239637) Email: jdaire@reedsmith.com REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: +1 415 543 8700 +1 415 391 8269 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Sybase, Inc. and Informatica Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SYBASE, INC., a Delaware Corporation, and INFORMATICA CORPORATION, a Delaware Corporation, Plaintiffs, vs. DATA RETRIEVAL TECHNOLOGY LLC, a Delaware Corporation, Defendant. DATA RETRIEVAL TECHNOLOGY LLC, a Delaware Corporation, vs. Plaintiff, No.: C08-05481 VRW (Related Case No. C09-1909 VRW) STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER REED SMITH LLP SYBASE, INC., a Delaware Corporation, and INFORMATICA CORPORATION, a Delaware Corporation, Defendants. Case No. C08-05481-VRW; No. C09-1909 VRW STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER US_ACTIVE-101888512.2 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Sybase, Inc. and Informatica Corporation, on one hand, and Data Retrieval Technology LLC, on the other, (collectively, the "Parties") hereby stipulate as follows: WHEREAS, the Court held the Initial Case Management Conference in this proceeding on May 28, 2009; WHEREAS, during the Initial Case Management Conference, the Court determined that all pre-trial requirements of the Patent Local Rules would apply equally to this case and Related Case No. C09-1909; and WHEREAS, the Court's Calendar Clerk subsequently notified Sybase, Inc. and Informatica Corporation's counsel by phone that the date for the claims construction hearing in these cases (originally set for March 17, 2010 at 10:00 a.m.), would be moved to March 24, 2010, at 10:00 a.m. because of a conflict with a previously set claims construction hearing in Karl Storz Endoscopy-America, Inc. v. Stryker, Inc., et al., Case No. 3:09-cv-00355-VRW. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. That the Parties jointly submit to the following proposed Case Management Order in this case and Related Case No. C09-1909. DATED: July 2, 2009. REED SMITH LLP By /s/ James A. Daire James A. Daire Attorney for Sybase, Inc. and Informatica Corporation DATED: July 2, 2009. LAW OFFICES OF WAYNE D. PORTER, JR. By /s/ Wayne D. Porter Jr. Wayne D. Porter, Jr. Attorney for Data Retrieval Technology LLC Case No. C08-05481-VRW; No. C09-1909 VRW 1 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER US_ACTIVE-101888512.2 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware CASE MANAGEMENT ORDER Following the Initial Case Management Conference on May 28, 2009, the Court hereby adopts the following schedule in this case. The parties are ordered to comply with these deadlines: Deadline June 8, 2009 Activity Deadline for DRT to serve its (1) Disclosure of Asserted Claims and Infringement Contentions and (2) Accompanying Document Production. Patent L.R. 3-1, 3-2. Deadline for Plaintiffs to serve their (1) Invalidity Contentions and (2) Accompanying Document Production. Patent L.R. 3-3, 3-4. Deadline for parties to exchange list of claim terms for construction. (Modification of Patent L.R. 4-1.) Deadline for parties to exchange (1) Preliminary Claim Constructions for each term identified by either party for claim construction and (2) identification of references and extrinsic evidence (including percipient and/or expert witnesses) in support if their respective claim constructions. Patent L.R. 4-2. Deadline for parties to file Joint Claim Construction and Prehearing Statement. (Modification of Patent L.R. 4-3.) Deadline for completion of claim construction discovery. Patent L.R. 4-4. Deadline for DRT to serve and file its opening brief and any evidence supporting its claim construction. (Modification of Patent L.R. 4-5(a).) Deadline for Plaintiffs to serve and file their responsive brief and supporting evidence. Patent L.R. 4-5(b). Deadline for DRT to serve and file its reply brief and any rebuttal evidence. Patent L.R. 4-5(c). Initial Technology Tutorial prior to Claim Construction Hearing. Claim Construction Hearing. Patent L.R. 4-6. July 23, 2009 November 17, 2009 December 7, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP January 13, 2010 February 12, 2010 February 17, 2010 March 3, ,2010 March 10, 2010 March 22, 2010, 10:00 a.m. March 24, 2010, 10:00 a.m. Case No. C08-05481-VRW; No. C09-1909 VRW 2 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER US_ACTIVE-101888512.2 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware April 15, 2010, 3:30 p.m. Further Case Management Conference (updated Case Management Statement due by April 8, 2010). PURSUANT TO STIPULATION, SO ORDERED. July 16 DATED: ________, 2009. By UNIT ED S S DISTRICT TE C TA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ER N F D IS T IC T O R REED SMITH LLP Case No. C08-05481-VRW; No. C09-1909 VRW 3 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER A C LI US_ACTIVE-101888512.2 aughn R Judge V FO Walker R NIA Hon. Vaughn R. Walker United States District Chief Judge OO IT IS S RDERE D RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware CERTIFICATE OF CONCURRENCE I hereby attest that concurrence in the filing of this document has been obtained by the above named signatories. /s/ James A. Daire James A. Daire 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C08-05481-VRW; No. C09-1909 VRW 4 STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER US_ACTIVE-101888512.2 REED SMITH LLP

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?