Calix Networks, Inc. v Wi-Lan, Inc.

Filing 94

ORDER extending patent rule deadlines re 93 Stipulation, filed by Calix Networks, Inc.. Signed by Judge Charles R. Breyer on 5/24/2011. (beS, COURT STAFF) (Filed on 5/25/2011)

Case3:09-cv-06038-CRB Document93

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Scott D. Baker (SBN 84923)
Email: [e-mail]
John P. Bovich (SBN 150688)
Email: [e-mail]
William R. Overend (SBN 180209)
Email: [e-mail]
Jonah D. Mitchell (SBN 203511)
Email: [e-mail]
Luisa M. Bonachea (SBN 267664)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Calix, Inc.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
CALIX NETWORKS, INC., a Delaware
Corporation,
Plaintiff,

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Filed05/23/11 Page1 of 5

vs.
WI-LAN, INC., a Canadian Corporation,

Case No. 09-6038 CRB
STIPULATION AND [PROPOSED]
ORDER EXTENDING PATENT RULE
DEADLINES
[Civ. L.R. 6-2 & 7-12]

Defendant.

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STIPULATION AND [PROPOSED] ORDER EXTENDING PATENT RULE DEADLINES

Case3:09-cv-06038-CRB Document93

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Calix, Inc. (“Calix”) and Defendant

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Wi-Lan, Inc. (“Wi-Lan”), by and through their respective undersigned counsel, hereby stipulate to

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and request the Court as follows:

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1.

On October 29, 2010, Wi-LAN and Calix filed a Joint Case Management Statement

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(Docket No. 78). In the Joint Case Management Statement, the parties agreed to various deadlines,

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including:

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Deadline for parties to comply with Patent L.R.4-2(a)
(exchange of Preliminary Claim Construction &
Identification of Extrinsic Evidence)

March 21, 2011

Deadline for parties to comply with Patent L.R. 4-3 (file
Joint Claim Construction & Prehearing Statement)

May 16, 2011

Deadline for parties to comply with Patent L.R. 4-4
(complete all discovery relating to Claim Construction)

June 15, 2011

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2.

On November 5, 2010, this Court subsequently held a Case Management

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Conference and set the claim construction hearing date to August 11, 2011 and tutorial date to

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August 9, 2011. See Minutes dated Nov. 5, 2010 (Docket No. 79).

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3.

On March 18, 2011, the Parties filed a Stipulation and (Proposed) Order Extending

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Patent Rule Deadlines (Docket No. 87) extending the time in which to comply with Patent L.R.4-

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2(a) and Patent L.R.4-3 to April 21, 2011 and June 1, 2011, respectively. The parties had

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requested that extension based on ongoing settlement discussions. On March 22, 2001, the Court

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granted the stipulation (Docket No. 88).

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4.

On April 19, 2011, the Parties filed a second Stipulation and Proposed Order

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Extending Patent Rule Deadlines (Docket No. 91) extending the time in which to comply with

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Patent L.R.4-2(a), Patent L.R.4-3, and Patent L.R. 4-4 to May 24, 2011, June 15, 2011, and June

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29, 2011, respectively. On April 20, 2011, the Court granted the stipulation (Docket No. 92).

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5.

The parties have now signed a binding term sheet and are working toward finalizing

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a definitive settlement agreement. Accordingly, the parties believe that a further continuance of the

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deadlines set forth herein would facilitate the settlement process and allow the parties additional
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STIPULATION AND [PROPOSED] ORDER EXTENDING PATENT RULE DEADLINES

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Filed05/23/11 Page3 of 5

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time to resolve this matter. Thus, the parties jointly agree and request that the deadlines set forth

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herein should be continued. Accordingly, the parties hereby stipulate to and propose the following

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deadlines:

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Deadline for parties to comply with Patent L.R.4-2(a)
(exchange of Preliminary Claim Construction &
Identification of Extrinsic Evidence)

June 15, 2011

Deadline for parties to comply with Patent L.R. 4-3 (file
Joint Claim Construction & Prehearing Statement)

June 29, 2011

Deadline for parties to comply with Patent L.R. 4-4
(complete all discovery relating to Claim Construction)

July 6, 2011

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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6.

The continuances requested herein will not affect any other deadlines set by the

Court, including the date presently scheduled for the Claim Construction hearing.
7.

Pursuant to Civil L.R. 6-2(a)(1)-(3), this stipulated request is accompanied by the

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Declaration of William R. Overend setting forth (a) the reasons for the requested rescheduling; (b)

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all previous time modifications in the case; and (c) the effect of the requested rescheduling.

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IT IS SO STIPULATED.
Respectfully submitted,

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DATED: May 23, 2011.

REED SMITH LLP

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By /s/ William R. Overend
William R. Overend
Attorneys for Plaintiff
Calix Networks, Inc.

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DATED: May 23, 2011.

MCKOOL SMITH, P.C.

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By /s/ Michael G. McManus
Michael G. McManus (pro hac vice)
Attorneys for Defendant
Wi-LAN, Inc.
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SIGNATURE ATTESTATION

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I hereby attest that I have obtained the concurrence in the filing of this document for any

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signatures on this document indicated by a “conformed” signature (/s/) and I have on file records to

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support this concurrence for subsequent production for the Court if so ordered or for inspection upon

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request.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: May 23, 2011.

REED SMITH LLP
By /s/ William R. Overend
William R. Overend
Attorneys for Plaintiff
Calix Networks, Inc.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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____________________________________________
Honorable Charles R. Breyer ERED
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May 24
Dated: ____________________, 2011

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Case No. C-09-6038
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STIPULATION AND [PROPOSED] ORDER EXTENDING PATENT RULE DEADLINES