Modavox, Inc. v. Yahoo! Inc.

Filing 67

STIPULATION AND ORDER ENLARGING TIME FOR EXCHANGING PRELIMINARY CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE AND FILING JOINT CLAIM CONSTRUCTION AND PRE-HEARING STATEMENT.. Signed by Judge Joseph C. Spero on 10/26/10. (klh, COURT STAFF) (Filed on 10/26/2010)

Augme Technologies, Inc. v. Yahoo! Inc.

Doc. 67

Case3:09-cv-05386-JCS Document65

Filed10/25/10 Page1 of 4

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

RACHEL KREVANS (CA SBN 116421) ([e-mail]) RICHARD S.J. HUNG (CA SBN 197425) ([e-mail]) DANIEL P. MUINO (CA SBN 209624) ([e-mail]) JIAN BIN (BEN) GAO (CA SBN 245734) ([e-mail]) MORRISON & FOERSTER LLP 425 Market Street, 32nd Fl. San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant YAHOO! INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

AUGME TECHNOLOGIES, INC., Plaintiff, v. YAHOO! INC., Defendant AND RELATED COUNTERCLAIMS

Case No.

C-09-5386 JCS

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR EXCHANGING PRELIMINARY CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE AND FILING JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT Hon. Joseph C. Spero

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR EXCHANGING PRELIMINARY 1 CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE AND FILING JOINT CLAIM sf-2912107 Case No. C-09-5386 JCS
Dockets.Justia.com

Case3:09-cv-05386-JCS Document65

Filed10/25/10 Page2 of 4

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

Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, the parties, through their undersigned counsel, hereby stipulate, subject to the Court's approval, as follows: WHEREAS, this action was filed on November 16, 2009 (Docket No. 1); WHEREAS, this action was reassigned to the Honorable Joseph C. Spero on April 20, 2010 (Docket No. 45); WHEREAS, the Court entered a Case Management and Pretrial Order on May 12, 2010 ("CMC Order") (Docket No. 50); WHEREAS, the CMC Order requires the parties to exchange their Preliminary Claim Construction and Extrinsic Evidence pursuant to Patent L.R. 4-2 on October 18, 2010; WHEREAS, on October 18, 2010, the Court granted the parties' first stipulated request to extend, by one week, the date for exchanging their Preliminary Claim Construction and Extrinsic Evidence, to October 25, 2010; WHEREAS, the parties have stipulated to extend, by one additional week, the date for exchanging their Preliminary Claim Construction and Extrinsic Evidence, to November 1, 2010; WHEREAS, the parties have also stipulated to extend the next deadline in the CMC Order, the date for filing their Joint Claim Construction and Pre-hearing Statement now set for November 12, 2010, by three weeks, to December 3, 2010; WHEREAS, the parties have agreed that no other scheduled dates in this action will be changed due to this extension; // // // // // // // //

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR EXCHANGING PRELIMINARY 2 CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE AND FILING JOINT CLAIM sf-2912107 Case No. C-09-5386 JCS

Case3:09-cv-05386-JCS Document65

Filed10/25/10 Page3 of 4

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

THEREFORE, for the reasons set forth more fully in the accompanying declaration of Daniel P. Muino, the parties request the entry of an order extending the deadline for: 1) the parties to exchange their respective Preliminary Claim Construction and Extrinsic Evidence pursuant to Patent L.R. 4-2 by seven (7) calendar days, to November 1, 2010; and 2) the parties to file their Joint Claim Construction and Pre-hearing Statement pursuant to Patent L.R. 4-3 by 21 calendar days, to December 3, 2010.

Dated: October 25, 2010

MORRISON & FOERSTER LLP

By: /s/ Daniel P. Muino Daniel P. Muino Attorneys for Defendant YAHOO! INC. Dated: October 25, 2010 SHAUB & WILLIAMS LLP

By: /s/ David R. Shaub David R. Shaub Attorneys for Plaintiff AUGME TECHNOLOGIES, INC.

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
S
ISTRIC ES D TC AT T

RT U O

UNIT ED

October 26 Date: ____________________, 2010

UNITED STATES MAGISTRATE JUDGE E
H
RN

F D IS T IC T O R

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR EXCHANGING PRELIMINARY 3 CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE AND FILING JOINT CLAIM sf-2912107 Case No. C-09-5386 JCS

A

C

LI

Spero seph C. Judge Jo C. SPERO JOSEPH

FO

R NIA

NO

RT

Case3:09-cv-05386-JCS Document65

Filed10/25/10 Page4 of 4

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 Dated: October 25, 2010

ECF ATTESTATION I, Daniel P. Muino, am the ECF User whose ID and Password are being used to file this STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR THE PARTIES' EXCHANGE OF PRELIMINARY CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE PURSUANT TO PATENT L.R. 4-2. In compliance with General Order 45, X.B., I hereby attest that each signatory to this document has concurred to its filing.

MORRISON & FOERSTER LLP

By: /s/ Daniel P. Muino Daniel P. Muino

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR THE PARTIES TO EXCHANGE PRELIMINARY CLAIM CONSTRUCTION AND EXTRINSIC EVIDENCE sf-2912107

1