Trend Micro Incorporated v. WhiteCell Software, Inc.

Filing 24

ORDER APPROVING JOINT CLAIM CONSTRUCTION BRIEFING SCHEDULE. Signed by Judge Alsup on September 13, 2010. (whalc1, COURT STAFF) (Filed on 9/13/2010)

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

YAR CHAIKOVSKY (CA Bar No. 175421) McDERMOTT WILL & EMERY LLP 275 Middlefield Road, Suite 100 Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650.815.7401 E-mail: [e-mail] CHRISTOPHER D. BRIGHT (CA Bar No. 206273) McDERMOTT WILL & EMERY LLP 18191 Von Karman Avenue, Suite 500 Irvine, CA 92612-7108 Telephone: [phone] Facsimile: 949.851.9348 E-mail: [e-mail] Attorneys for Plaintiff TREND MICRO INCORPORATED JOHN V. PICONE III (CA Bar No. 187226) HOPKINS & CARLEY The Letitia Building 70 South First Street San Jose, CA 95113 408.286.9800 (main) 408.938.6219 (fax) [e-mail] Attorney for Defendant WHITECELL SOFTWARE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TREND MICRO INCORPORATED, a California corporation, Plaintiff, v. WHITECELL SOFTWARE, INC., a Delaware corporation, Defendant. CASE NO. C 10-02248 WHA JOINT PROPOSED CLAIM CONSTRUCTION BRIEFING SCHEDULE

11
A T T O R N E Y S A T LAW

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pretrial Conference: January 16, 2012 Trial: January 23, 2012

JOINT PROPOSED CLAIM CONSTRUCTION SCHEDULE

Case No. C 10-02248 WHA

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

On September 2, 2010, the Court issued an Order setting the hearing on Claim Construction for March 30, 2011 (Docket No. 20). The parties were ordered to meet and confer and file a proposed claim construction briefing schedule by September 10, 2010. Pursuant to the Court's Order, the parties have agreed upon the following claim construction briefing schedule: Event Opening Claim Construction Brief Responsive Claim Construction Brief Reply Claim Construction Brief September 10, 2010 Date February 23, 2011 March 9, 2011 March 16, 2011

Respectfully submitted, McDERMOTT WILL & EMERY LLP By: /s/ Christopher D. Bright Christopher D. Bright Attorneys for Plaintiff TREND MICRO INCORPORATED

11
A T T O R N E Y S A T LAW

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT PROPOSED CLAIM CONSTRUCTION SCHEDULE

Dated: September 10, 2010

Respectfully submitted, HOPKINS & CARLEY By: /s/ John V. Picone III John V. Picone III Attorneys for Defendant WHITECELL SOFTWARE, INC.

-1-

Case No. C 10-02248 WHA

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

The Proposed Claim Construction Briefing Schedule is hereby adopted by the Court and the parties are ordered to comply with this Order.

IT IS SO ORDERED.

September 13, 2010. Dated: ___________________________

By: _____________________________________ THE HONORABLE WILLIAM H. ALSUP United States District Judge Northern District of California

11
A T T O R N E Y S A T LAW

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT PROPOSED CLAIM CONSTRUCTION SCHEDULE

-2-

Case No. C 10-02248 WHA

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

CERTIFICATE OF SERVICE I am over the age of eighteen years and not a party to the within-entitled action. My business address is18191 Von Karman Avenue, Suite 500, Irvine, CA 92612 . I served a copy of the within document(s): JOINT PROPOSED CLAIM CONSTRUCTION BRIEFING SCHEDULE I electronically filed the with the Clerk of the Court using the CM/ECF system By transmitting via electronic mail the document(s) listed below to the email addresses set forth below on this date: JOHN V. PICONE III (CA Bar No. 187226) HOPKINS & CARLEY The Letitia Building 70 South First Street San Jose, CA 95113 408.286.9800 (main) 408.938.6219 (fax) [e-mail] By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Irvine, California addressed as set forth below:
By Personal Service: I served a true copy to each person[s] named at the address[es] shown. By Federal Express: I placed a true copy in a sealed envelope addressed as indicated above, on the above-mentioned date. I am familiar with the firm's practice of collection and processing correspondence for delivery by Federal Express. Pursuant to that practice, envelopes placed for collection at designated locations during designated hours are delivered to Federal Express with a fully completed air bill, under which all delivery charges are paid by McDermott Will & Emery LLP, that same day in the ordinary course of business

11
A T T O R N E Y S A T LAW

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Executed on September 10, 2010 at Irvine, California. /s/ Terri Carman Terri Carman
DM_US 26508522-1.086248.0013

JOINT PROPOSED CLAIM CONSTRUCTION SCHEDULE

-3-

Case No. C 10-02248 WHA