Poris v. Novellus Systems, Inc.

Filing 79

ORDER GRANTING 78 STIPULATION Regarding Briefing and Hearing Schedule as to 77 Motion for Summary Judgment of Non-Infringement. Responses due by 5/11/2012. Replies due by 5/30/2012. Motion Hearing set for 6/15/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 2/23/12. (jjoS, COURT STAFF) (Filed on 2/23/2012)

Case3:10-cv-00947-JSW Document78 Filed02/22/12 Page1 of 2

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KING & KELLEHER, LLP
Edward Vincent King, Jr. (SBN 085726)
Dirk Van Ausdall (SBN 117279)
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

IRELL & MANELLA LLP
Samuel K. Lu (SBN 171969)
Justin E. Klaeb (SBN 254035)
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

Attorneys for Plaintiff and
Counterclaim-Defendant
JAIME PORIS

Attorneys for Defendant and Counterclaimant
NOVELLUS SYSTEMS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAIME PORIS,

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Plaintiff and
Counterclaim-Defendant,

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vs.
NOVELLUS SYSTEMS, INC.,
Defendant and
Counterclaimant.

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Case No. CV 10-0947 JSW
JOINT STIPULATION REGARDING
BRIEFING AND HEARING
SCHEDULE FOR NOVELLUS
SYSTEMS, INC.’S MOTION FOR
SUMMARY JUDGMENT OF
NON-INFRINGEMENT
AND ORDER THEREON

WHEREAS, Defendant and Counterclaimant Novellus Systems, Inc. (“Novellus”) filed

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its Motion for Summary Judgment of Non-Infringement on February 10, 2012 (ECF. No. 77)

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(“Motion”);

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WHEREAS, Plaintiff and Counterclaim-Defendant Jaime Poris (“Poris”) has informed

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Novellus that he intends to conduct discovery, including document requests and depositions, in

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order to oppose the Motion;

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WHEREAS, Novellus is likely to depose Poris’ technical expert after Poris files his
response to the Motion;
WHEREAS, under the current briefing schedule pursuant to Rule 7-3 of the Civil Local
Rules for the United States District Court, Northern District of California, Poris’ response to the
-1JOINT STIPULATION REGARDING BRIEFING AND HEARING
SCHEDULE FOR NOVELLUS’ MOTION FOR SUMMARY JUDGMENT

Case No. CV 10-0947 JSW

Case3:10-cv-00947-JSW Document78 Filed02/22/12 Page2 of 2

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Motion is due February 24, 2012, and Novellus’ reply in support of the Motion is due March 2, 2012.

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WHEREAS, the hearing on the Motion is currently scheduled for May 11, 2012;

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WHEREAS, the parties agree that the current briefing and hearing schedule does not

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provide a sufficient amount of time for the parties to conduct discovery related to the Motion and

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for the parties to prepare their respective response and reply briefs;

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NOW, THEREFORE, the parties stipulate to the following: Poris’ response to the Motion

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shall be due by May 11, 2012; Novellus’ reply in support of the Motion shall be due by May 30,

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2012. The hearing on the Motion shall be rescheduled for June 15 at 9:00 a.m. The parties

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further stipulate that this stipulation is premised on the parties’ mutual assumption that necessary

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discovery will be obtained without recourse to the Court and without undue delay because of

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witness unavailability. The parties agree that either party may seek further modification of this

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schedule from the Court in the event of unforeseen discovery delays.

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Respectfully stipulated to by:

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KING & KELLEHER, LLP

IRELL & MANELLA LLP

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By: /s/ Edward Vincent King, Jr.
Edward Vincent King, Jr.

By: /s/ Justin E. Klaeb
Justin E. Klaeb

Attorneys for Plaintiff and
Counterclaim-Defendant
JAIME PORIS

Attorneys for Defendant and Counterclaimant
NOVELLUS SYSTEMS, INC.

Date: February 22, 2012

Date: February 22, 2012

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ATTESTATION OF CONCURRENCE
I hereby attest that concurrence in the filing of the document has been obtained from the
other signatory.
By: /s/ Justin E. Klaeb
Justin E. Klaeb

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: February __, 2012
Hon. Jeffrey S. White
United States District Judge
-2JOINT STIPULATION REGARDING BRIEFING AND HEARING
SCHEDULE FOR NOVELLUS’ MOTION FOR SUMMARY JUDGMENT

Case No. CV 10-0947 JSW