Poris v. Novellus Systems, Inc.

Filing 86

ORDER GRANTING 85 STIPULATION Regarding Briefing and Hearing Schedule for Parties' Motions for Summary Judgment. Responses due by 7/20/2012. Replies due by 8/17/2012. Motion Hearings set for 9/14/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/10/12. (jjoS, COURT STAFF) (Filed on 5/10/2012)

Case3:10-cv-00947-JSW Document85 Filed05/09/12 Page1 of 3

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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 PARTIES’
MOTIONS FOR SUMMARY
JUDGMENT 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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WHEREAS, Plaintiff and Counter-Defendant Jaime Poris (“Poris”) filed a Motion for

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Partial Summary Judgment on May 4, 2012 (ECF No. 84);
WHEREAS, the parties have determined that they intend to conduct discovery, including
document requests and depositions, in order to respond to the pending motions;
WHEREAS, under the current briefing schedule pursuant to the Joint Stipulation

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Regarding Briefing and Hearing Schedule for Novellus Systems, Inc.’s Motion for Summary

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Judgment of Non-Infringement and Order Thereon (ECF No. 79), Poris’ response to Novellus’

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Motion for Summary Judgment of Non-Infringement is due May 11, 2012, and Novellus’ reply
-1JOINT STIPULATION REGARDING BRIEFING AND HEARING
SCHEDULE FOR NOVELLUS’ MOTION FOR SUMMARY JUDGMENT

Case No. CV 10-0947 JSW

Case3:10-cv-00947-JSW Document85 Filed05/09/12 Page2 of 3

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in support of the motion is due May 30, 2012;
WHEREAS, under the current briefing schedule pursuant to Rule 7-3 of the Civil Local

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Rules for the United States District Court, Northern District of California, Novellus’ response to

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Poris’ Motion for Partial Summary Judgment is due May 18, 2012 and Poris’ reply in support of

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the motion is due May 25, 2012;

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WHEREAS, the hearing on both motions is currently scheduled for June 15, 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 motions

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and 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 Novellus’

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Motion for Summary Judgment of Non-Infringement shall be due by July 20, 2012; Novellus’

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reply in support of its Motion for Summary Judgment of Non-Infringement shall be due by

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August 17, 2012; Novellus’ response to Poris’ Motion for Partial Summary Judgment shall be

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due by July 20, 2012; Poris’ reply in support of his Motion for Partial Summary Judgment shall

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be due by August 17, 2012; Novellus’ shall file any Motion to Strike Poris’ Motion for Partial

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Summary Judgment by May 11, 2012; Poris’ opposition to Novellus’ Motion to Strike shall be

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due by July 20, 2012; and Novellus’ reply in support of its Motion to Strike shall be due by

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August 17, 2012. The hearing on all motions referenced herein shall be rescheduled for

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September 14, 2012 at 9:00 a.m. The parties further stipulate that this stipulation is premised on

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the parties’ mutual assumption that necessary discovery will be obtained without recourse to the

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Court and without undue delay because of witness unavailability. The parties agree that either

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party may seek further modification of this schedule from the Court in the event of unforeseen

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discovery delays.

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-2JOINT STIPULATION REGARDING BRIEFING AND HEARING
SCHEDULE FOR NOVELLUS’ MOTION FOR SUMMARY JUDGMENT

Case No. CV 10-0947 JSW

Case3:10-cv-00947-JSW Document85 Filed05/09/12 Page3 of 3

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Respectfully stipulated to by:

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KING & KELLEHER, LLP

IRELL & MANELLA LLP

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: May 9, 2012

Date: May 9, 2012

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ATTESTATION OF CONCURRENCE

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I hereby attest that concurrence in the filing of the document has been obtained from the
other signatory.

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: May 10 2012
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Hon. Jeffrey S. White
United States District Judge

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-3JOINT STIPULATION REGARDING BRIEFING AND HEARING
SCHEDULE FOR NOVELLUS’ MOTION FOR SUMMARY JUDGMENT

Case No. CV 10-0947 JSW