International Business Machines Corporation v. Rambus Inc

Filing 51

ORDER GRANTING 50 Stipulation Re: Case Schedule: Motion Hearing set for 12/2/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 6/15/11. (jjoS, COURT STAFF) (Filed on 6/15/2011)

Case3:10-cv-04017-JSW Document50

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Filed06/10/11 Page1 of 5

Barbara Clarke McCurdy (Admitted Pro Hac Vice)
[e-mail]
Naveen Modi (Admitted Pro Hac Vice)
[e-mail]
Srikala P. Atluri (Admitted Pro Hac Vice)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
901 New York Avenue, N.W.
Washington, D.C. 20001
Telephone:
[phone]
Facsimile:
[phone]

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Tina E. Hulse (CA Bar No. 232936)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
3300 Hillview Avenue
Palo Alto, California 94304-1203
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Rambus 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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INTERNATIONAL BUSINESS
MACHINES CORPORATION,

CASE NO. C 10-04017-JSW
(Related Case: C 10-03736-JSW)

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Plaintiff,

STIPULATION RE: CASE SCHEDULE;

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v.

SUPPORTING DECLARATION OF ROBERT
H. FISCHER;

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RAMBUS INC.,
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[PROPOSED] ORDER
Defendant.

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STIPULATION AND [PROPOSED] ORDER RE:
CASE SCHEDULE
CASE NO. C 10-04017-JSW

Case3:10-cv-04017-JSW Document50

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Filed06/10/11 Page2 of 5

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff International Business Machines

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Corporation (“IBM”) and Defendant Rambus Inc. (“Rambus”), through their respective counsel of

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record, respectfully request, and with the Court’s permission, stipulate to a four-week extension of

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the current case schedule to allow the parties further time to finalize the settlement agreement and

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related papers. More specifically, with the Court’s permission, the parties hereby stipulate that the

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current schedule set forth in the June1, 2011, Stipulated Order [Dkt. 49] be modified as follows:

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EVENT

CURRENT SCHEDULE

PROPOSED DATE

Rambus shall file opening
summary judgment motion

August 19, 2011

September 16, 2011

IBM shall file opposition and
cross-motion for summary
judgment

September 2, 2011

September 30 , 2011

Rambus shall file reply and
opposition to cross-motion for
summary judgment

September 16, 2011

October 14, 2011

IBM shall file reply in support
of cross-motion for summary
judgment

September 23, 2011

October 21, 2011

Hearing on Cross-Dispositive
Motions

October 21, 2011

November 18, 2011, or any
later date, subject to the
convenience of the Court’s
calendar December 2, 2011

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By his signature below, counsel for Plaintiff attests that counsel for Defendant concurs in the
filing of this stipulation.
Respectfully submitted,

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Date: June 10, 2011

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.

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By:

/s/ Tina E. Hulse
Tina E. Hulse (CA Bar No. 232936)
[e-mail]
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STIPULATION AND [PROPOSED] ORDER RE:
CASE SCHEDULE
CASE NO. C 10-04017-JSW

Case3:10-cv-04017-JSW Document50

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Filed06/10/11 Page3 of 5

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
3300 Hillview Avenue
Palo Alto, California 94304-1203
Telephone:[phone]
Facsimile: [phone]

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Barbara Clarke McCurdy (Admitted Pro Hac Vice)
[e-mail]
Naveen Modi (Admitted Pro Hac Vice)
[e-mail]
Srikala P. Atluri (Admitted Pro Hac Vice)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
901 New York Avenue, N.W.
Washington, D.C. 20001
Telephone:[phone]
Facsimile: [phone]

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Attorneys for Defendant,
Rambus Inc.

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Dated: June 10, 2011

By:

/s/ Edward A. Kmett
Edward A. Kmett (SBN: 204374)
FITZPATRICK, CELLA, HARPER & SCINTO
650 Town Center Drive, Suite 1600
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
International Business Machines Corporation

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STIPULATION AND [PROPOSED] ORDER RE:
CASE SCHEDULE
CASE NO. C 10-04017-JSW

Case3:10-cv-04017-JSW Document50

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Filed06/10/11 Page4 of 5

SUPPORTING DECLARATION OF ROBERT H. FISCHER
I, ROBERT H. FISCHER, declare as follows:
1. I am a partner in Fitzpatrick, Cella, Harper & Scinto, counsel for Plaintiff International

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Business Machines Corporation. I submit this declaration in support of the parties’ Stipulation

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Regarding Case Schedule. I make this declaration of my own personal knowledge and will

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competently testify thereto if called upon to do so.

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2. On April 15, 2011, May 12, 2011 and June 1, 2011, the Court entered Stipulated Orders

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[Dkt. Nos. 44, 46 and 49], which set forth a briefing schedule for cross-motions for summary

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judgment. The June 1, 2011, Stipulated Order [Dkt 49] also set the hearing on cross-dispositive

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motions for October 21, 2011, or any later date, subject to the convenience of the Court’s calendar.
3. The parties, both the respective corporate representatives and outside counsel, have been

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actively discussing resolution of this case, have reached a settlement in principle and have

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exchanged settlement paper drafts. There are a number of documents involved in the discussions,

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which have required additional time for full consideration. The parties are now working on

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resolving outstanding differences, and believe that continuing the case schedule for an additional

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four weeks will facilitate finalization of the settlement papers precedent to resolution of this action.

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4. The Court has previously granted the Stipulated Orders to permit settlement discussions.

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Otherwise, the only time modification in this case was to change the Case Management Conference

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from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus’s motion to

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dismiss. See Dkt. 30.

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5. The requested modification in the current case schedule will not affect any other pre-trial
deadlines, as the pre-trial schedule has not yet been entered in this case.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct, and this declaration was executed this 10th day of June, 2011.

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/s/ Robert H. Fischer
Robert H. Fischer

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STIPULATION AND [PROPOSED] ORDER RE:
CASE SCHEDULE
CASE NO. C 10-04017-JSW

Case3:10-cv-04017-JSW Document50

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Filed06/10/11 Page5 of 5

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED.

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Dated: June __, 2011

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The Honorable Jeffrey S. White
United States District Judge
Northern District of California

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STIPULATION AND [PROPOSED] ORDER RE:
CASE SCHEDULE
CASE NO. C 10-04017-JSW