Oracle Corporation et al v. Druglogic, Inc.

Filing 101

STIPULATION AND ORDER GRANTING LEAVE TO AMEND INVALIDITY AND INFRINGEMENT CONTENTIONS. Signed by Judge Joseph C. Spero on 1/31/12. (klhS, COURT STAFF) (Filed on 1/31/2012)

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KAREN JOHNSON-MCKEWAN (State Bar No. 121570)
[e-mail]
I. NEEL CHATTERJEE (State Bar No. 173985)
[e-mail]
MICHAEL C. SPILLNER (State Bar No. 205785)
[e-mail]
CHRISTINA VON DER AHE (State Bar No. 255467)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs and Counterclaim Respondents
Oracle Corporation, Oracle International Corporation, and
Oracle America, Inc.
PETER J. DAVIS (Admitted pro hac vice)
[e-mail]
STEVEN E. TILLER (Admitted pro hac vice)
[e-mail]
GREGORY STONE (admitted pro hac vice)
[e-mail]
ERIN O. MILLAR (admitted pro hac vice)
[e-mail]
WHITEFORD, TAYLOR & PRESTON
Seven Saint Paul Street
Baltimore, MD 21202
Phone: [phone]
Fax: [phone]

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Attorneys for Defendant and Counterclaimant
DrugLogic, Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORACLE CORPORATION and ORACLE
INTERNATIONAL CORPORATION,
Plaintiffs,
v.
DRUGLOGIC, INC.,
Defendant.

Case No. C 11-00910 JCS
STIPULATION AND [PROPOSED]
ORDER GRANTING LEAVE TO
AMEND INVALIDITY AND
INFRINGEMENT CONTENTIONS

DRUGLOGIC, INC.,
Counterclaimant,
v.
ORACLE CORPORATION, ORACLE
INTERNATIONAL CORPORATION, and
ORACLE AMERICA, INC.,
Counterclaim Defendants.

The Honorable Joseph C. Spero

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STIP AND PO GRANTING LEAVE TO AMEND
INVALIDITY AND INFRINGEMENT CONTENTIONS
CASE NO. 11-CV-00910 JCS

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WHEREAS, Plaintiff/Counter-Defendant Oracle Corporation, Plaintiff/Counter-

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Defendant Oracle International Corporation, Counter-Defendant Oracle America, Inc.

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(collectively, “Oracle”) and Defendant/Counterclaimant DrugLogic, Inc. (“DrugLogic”)1 served

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their respective Infringement Contentions on September 8, 2011 (the “Infringement

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Contentions”), and Invalidity Contentions on October 25, 2011 (the “Invalidity Contentions”)

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(collectively, the “Contentions”).

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WHEREAS, the Parties each have obtained additional discovery relating to their

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Invalidity Contentions, including additional prior art and/or information regarding previously-

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identified prior art references;

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WHEREAS, the Parties each have obtained additional discovery relating to the
previously-accused products in their Infringement Contentions;

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WHEREAS, the Parties were diligent in searching for prior art and in obtaining the

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additional discovery, as well as in seeking to amend their respective Contentions; this case is near

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the outset; discovery is in the early stages and claim construction is not set to take place for many

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months; and the Parties agree that they will not be prejudiced by the proposed amendments by the

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other Party;

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NOW, THEREFORE, the Parties hereby stipulate by and through their counsel of record,
and jointly request pursuant to Patent Local Rule 3-6, as follows:
1.

The Parties each may amend their Invalidity Contentions to add additional prior art

and/or information regarding previously-identified prior art references by February 21, 2012; and

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1. Oracle and DrugLogic shall be collectively referred to herein as the “Parties.”

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STIP AND PO GRANTING LEAVE TO AMEND
INVALIDITY AND INFRINGEMENT CONTENTIONS
CASE NO. 11-CV-00910 JCS

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2.

The Parties each may amend their Infringement Contentions to add information

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regarding previously-accused products by February 21, 2012.

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STIPULATED AND AGREED:

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Dated: January 27, 2012

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Respectfully submitted,

Respectfully submitted,

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KAREN JOHNSON-MCKEWAN
I. NEEL CHATTERJEE
MICHAEL C. SPILLNER
CHRISTINA M. VON DER AHE
ORRICK, HERRINGTON & SUTCLIFFE
LLP

PETER DAVIS
STEVEN E. TILLER
GREGORY STONE
ERIN O. MILLAR
WHITEFORD TAYLOR & PRESTON LLP

/s/ Christina M. Von der Ahe /s/
Christina M. Von der Ahe

/s/ Erin O. Millar /s/
Erin O. Millar

Attorneys for Plaintiffs and Counterclaim
Defendants Oracle Corp., Oracle Int’l Corp.,
and Oracle America, Inc.

Attorneys for Defendant and Counterclaimant
DrugLogic, Inc.

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Concurrence in the filing of this document has been obtained pursuant to General Order 45.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 31, 2012

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seph C.

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Judge Jo

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Hon. Joseph C. Spero
United States Magistrate Judge

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STIP AND PO GRANTING LEAVE TO AMEND
INVALIDITY AND INFRINGEMENT CONTENTIONS
CASE NO. 11-CV-00910 JCS