DSM Dyneema v. BAE Systems Tensylon H.P. Material, Inc.

Filing 17

STIPULATION AND ORDER RE 16 CONTINUING DATE TO RESPOND; CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 4/21/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/7/11. (cl, COURT STAFF) (Filed on 3/7/2011)

*E-Filed 3/7/11* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATION AND PROPOSED ORDER

Eric L. Wesenberg (No. 139696) [e-mail] Christopher Kao (No. 237716) [e-mail] J. Patrick Corrigan (No. 240859) [e-mail] PERKINS COIE LLP 3150 Porter Drive Palo Alto, CA 94304 Telephone: [phone] Facsimile: 650.838.4350 Attorneys for Defendant BAE SYSTEMS TENSYLON H.P. MATERIAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DSM DYNEEMA, Plaintiff, v. BAE SYSTEMS TENSYLON H.P. MATERIAL, INC.,

Case No. CV 10-5466 RS STIPULATION AND PROPOSED ORDER CONTINUING DATE TO RESPOND; CONTINUING INITIAL CASE MANAGEMENT CONFERENCE (LR 6-2; 7-12)

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Pursuant to Local Rules 6-2 and 7-12, Plaintiff DSM Dyneema ("DSM") and Defendant BAE Systems Tensylon H.P. Material, Inc. ("BAE Systems"), by and through their respective counsel of record, hereby submit this Stipulation and Proposed Order seeking a continuance of (1) the deadline for BAE Systems to answer or otherwise respond to the Complaint, (2) the Initial Case Management Conference, and (2) other associated deadlines. WHEREAS, BAE Systems's time to answer or otherwise respond to the First Amended Complaint ("FAC") in this action is March 9, 2011; WHEREAS, the Initial Case Management Conference in this action is currently set for March 24, 2011 under the Court's December 8, 2010 Scheduling Order; WHEREAS, the last day to file the Joint Case Management Statement and serve Initial Disclosures is March 17, 2011; WHEREAS, multiple events required by the Local Patent Rules are calendared from the date of the Initial Case Management Conference, including the disclosure of asserted claims and infringement contentions, which are due on April 7, 2011 under the current schedule; WHEREAS, the parties are currently engaged in meaningful settlement discussions that have been ongoing and productive; WHEREAS, the parties have entered prior stipulations to allow DSM to file the FAC and to extend BAE Systems's time to answer or otherwise respond (on December 21, 2010, January 4, 2011, and January 27, 2011); WHEREAS, this would be the second extension of time for BAE Systems to answer or otherwise respond to the FAC; WHEREAS, the parties agree that a further extension of time for BAE Systems to respond to the complaint and a continuation of the Initial Case Management Conference, and associated deadlines, will foster fruitful settlement discussions by allowing the parties to avoid the expense of further litigation and the use of judicial resources while settlement discussions continue; THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: The Initial Case Management Conference, presently scheduled for March 24, 2011, be continued to April 21, 2011 at 10:00 a.m., or as soon thereafter as the Court's schedule will allow, -2STIPULATION AND PROPOSED ORDER

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and that the associated deadlines set forth in the December 8, 2010 Scheduling Order and the Local Patent Rules be continued accordingly; and The date for BAE Systems to answer or otherwise respond to the FAC is continued to March 30, 2011. IT IS SO STIPULATED.

March 4, 2011

PERKINS COIE LLP By: /s/ Christopher Kao1 Christopher Kao Attorneys for Defendant BAE SYSTEMS TENSYLON H.P. MATERIAL, INC.

March 4, 2011

QUINN EMANUEL URQUHART & SULLIVAN, LLP By: /s/ Karin Kramer Karin Kramer Attorneys for Plaintiff DSM DYNEEMA.

ORDER PURSUANT TO STIPULATION, IT IS ORDERED. The Initial Case Management Conference is continued to April 21, 2011 at 10:00 a.m. The deadlines set forth in the December 8, 2010 Scheduling Order of this Court and the Local Patent Rules are continued accordingly. BAE Systems shall answer or otherwise respond to the First Amended Complaint no later than March 30, 2011.

Dated:

3/7/11 The Hon. Richard Seeborg United States District Judge

In compliance with General Order 45.X.B, I hereby attest that concurrence in the filing of the document has been obtained from each signatory hereto.

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STIPULATION AND PROPOSED ORDER