Sandisk Corporation v. LSI Corporation

Filing 80

ORDER APPROVING STIPULATED REQUEST FOR EXTENSION REGARDING RULE 706 EXPERTS. Signed by Judge Alsup on February 3, 2010. (whalc1, COURT STAFF) (Filed on 2/3/2010)

Case3:09-cv-02737-WHA Document79

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Tharan Gregory Lanier (State Bar No. 138784) [e-mail] Gregory L. Lippetz (State Bar No. 154228) [e-mail] Daniel H. Mao (State Bar No. 221539) [e-mail] Joe C. Liu (State Bar No. 237356) [e-mail] Peter D. Nestor (State Bar No. 262253) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Plaintiff/Counterdefendant SANDISK CORPORATION

Bruce S. Sostek (pro hac vice) ([e-mail]) Jane Politz Brandt (pro hac vice) ([e-mail]) Herbert J. Hammond (pro hac vice) ([e-mail] Max Ciccarelli (pro hac vice) [e-mail] Richard L. Wynne, Jr. (pro hac vice) [e-mail] THOMPSON & KNIGHT LLP 1722 Routh St., Suite 1500 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant/Counterclaimant LSI CORPORATION and Counterclaimant AGERE SYSTEMS INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SANDISK CORPORATION, Plaintiff, v. LSI CORPORATION, Defendant. LSI CORPORATION AND AGERE SYSTEMS INC., Counterclaimants, v. SANDISK CORPORATION, Counterdefendant. Case No. C09-02737 WHA STIPULATED REQUEST TO EXTEND DEADLINE FOR SUBMITTING RULE 706 EXPERTS PURSUANT TO COURT'S DECEMBER 1 AND JANUARY 25 ORDERS AND [PROPOSED] ORDER Judge: Hon. William Alsup Courtroom 9, 19th Floor Date Filed: June 19, 2009 Trial Date: November 8, 2010

STIPULATED REQUEST TO EXTEND DEADLINE FOR SUBMITTING RULE 706 EXPERTS - Case No Case No. C 09-02737 WHA.

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Pursuant to Civil L.R. 6-2 and Civil L.R. 7-12, Plaintiff-Counterdefendant SanDisk Corporation ("SanDisk") and Defendant-Counterplaintiff LSI Corporation and Counterplaintiff Agere Systems Inc. (collectively "LSI"), through their respective counsel, hereby make the following Joint Stipulated Request for an Order to extend the deadline for the parties to submit proposed Rule 706 candidates pursuant to the Court's December 1, 2009 and January 24, 2010 Orders. On December 1, 2009 the Court issued the "Order Regarding Rule 706 Expert" (Dkt. No. 65) requiring the parties to submit two proposed Rule 706 candidates by January 22, 2010. On January 22, 2010 the parties submitted two proposed candidates. On January 25, 2010 the Court issued the "Supplemental Order Regarding Rule 706 Expert" (Dkt. No. 75), in which the Court clarified the type of candidates that it was seeking. Although the parties have been working diligently to identify qualified Rule 706 experts from this district, they have been unable to complete their search for and vetting of appropriate candidates. The parties have faced a multitude of obstacles, including the limited number of qualified experts in this district, the limited availability of some candidates, and the fact that some candidates have been less responsive than the parties had hoped. Accordingly, the parties are seeking seven (7) additional business days to Friday, February 12, 2010, within which to identify, vet, and submit two qualified candidates. This Stipulation will not affect other dates in the case schedule, including the Tutorial scheduled for March 3, 2010 or the Claim Construction hearing that is scheduled for March 11, 2010. THE PARTIES HEREBY JOINTLY STIPULATE AND PROPOSE THAT: The deadline for submitting proposed Rule 706 experts be extended to February 12, 2010.

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STIPULATED REQUEST TO EXTEND DEADLINE FOR SUBMITTING RULE 706 EXPERTS - Case No Case No. C 09-02737 WHA.

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Dated: February 2, 2010

JONES DAY

By: /s/ Joe C. Liu Joe C. Liu Attorneys for Plaintiff SANDISK CORPORATION

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 2, 2010 THOMPSON & KNIGHT LLP

By: /s/ Max Ciccarelli Max Ciccarelli Attorneys for LSI CORPORATION AND AGERE SYSTEMS INC.

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STIPULATED REQUEST TO EXTEND DEADLINE FOR SUBMITTING RULE 706 EXPERTS - Case No Case No. C 09-02737 WHA.

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[PROPOSED] ORDER Pursuant to the Stipulation above, the Court hereby extends the deadline for the parties to submit the names of two qualified Rule 706 experts to 5:00 p.m. on February 12, 2010. noon PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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STIPULATED REQUEST TO EXTEND DEADLINE FOR SUBMITTING RULE 706 EXPERTS - Case No Case No. C 09-02737 WHA.

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February 3, 2010. Dated:__________________

By___________________________ THE HONORABLEiaWILLIAM ALSUP lsup ill m A Judge W United States District Judge Northern District of California ER C
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