Lotes Co, LTD v. Hon Hai Precision Industry Co, Ltd et al

Filing 243

ORDER APPROVING 241 STIPULATION TO EXTEND CLAIM CONSTRUCTION DISCOVERY AND BRIEFING SCHEDULE by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 1/19/2017)

1
2
3
4
5
6
7
8
9
10

E. PATRICK ELLISEN (STATE BAR NO. 142033)
[e-mail]
DON DAYBELL (STATE BAR NO. 210961)
[e-mail]
JESSE Y. CHENG (STATE BAR NO. 259909)
[e-mail]
WILL MELEHANI (STATE BAR NO. 285916)
[e-mail]
HSIWEN LO (STATE BAR NO. 286649)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
2050 Main Street, Suite 1100
Irvine, CA 92614
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants HON HAI PRECISION
INDUSTRY CO., LTD. and FOXCONN
ELECTRONICS, INC.

11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO DIVISION

14
15

LOTES CO. LTD., a Taiwan Corporation,

Case No. 3:11-cv-01036-WHA

16

Plaintiff and Counterclaim Defendants,

17

v.

18

HON HAI PRECISION INDUSTRY CO.,
LTD., a Taiwan Corporation, and FOXCONN
ELECTRONICS, INC., a California
Corporation,

JOINT STIPULATION AND
[PROPOSED] ORDER MODIFYING
CLAIM CONSTRUCTION
DISCOVERY AND BRIEFING
SCHEDULE

19
20
21

Defendants and
Counterclaimants.

22
23
24
25
26
27
28
ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING
CLAIM CONSTRUCTION DISCOVERY AND BRIEFING
SCHEDULE

1

Defendants and Counterclaimants Hon Hai Precision Industry Co. Ltd. and Foxconn

2

Electronics, Inc. (collectively “Foxconn”) and Plaintiff and Counterclaim Defendant Lotes Co.

3

Ltd. (“Lotes”) file this joint stipulation respectfully requesting an Order modifying deadlines for

4

claim construction discovery and claim construction briefing.

5

WHEREAS, pursuant to Patent L.R. 4-4, claim construction discovery, including any

6

depositions with respect to claim construction of any witnesses, including experts, must currently

7

be completed by January 23, 2017.

8

WHEREAS, pursuant to Patent L.R. 4-5, the opening claim construction brief is currently

9

due on February 6, 2017, the responsive claim construction brief is currently due on February 21,

10

2017, and the reply claim construction brief is currently due on February 28, 2017.

11

WHEREAS, the Parties have agreed to stipulate to request an extension of the claim

12

construction discovery and claim construction briefing dates to accommodate the schedules of the

13

Parties’ experts. In particular, Foxconn’s expert, Dr. Michael G. Pecht, is working in Asia

14

through early February and will not be available for a deposition until February 10, 2017. Lotes’s

15

expert, Dr. Vijay Gupta, will be available for deposition on February 17, 2017.

16

WHEREAS, the Parties have stipulated that the depositions of Drs. Pecht and Gupta shall

17

be limited to issues relating to claim construction, and that these depositions shall not preclude

18

later depositions on these experts’ respective reports, as provided for pursuant to the Case

19

Management Order. Dkt. 228, ¶ 5.

20

WHEREAS, this brief extension will not impact any other dates on the trial schedule

21

because there will be no separate claim construction hearing pursuant to the Case Management

22

Order. Dkt. 228, ¶ 18. The close of non-expert discovery will remain on June 30, 2017. The

23

deadline to file dispositive motions will remain on July 27, 2017. The start of trial will remain on

24

November 6, 2017. There have been no previous time modifications in this case.

25

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

26

the Parties, through their respective attorneys of record, and subject to approval by the Court, the

27

following schedule:

28
ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

-1-

JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING
CLAIM CONSTRUCTION DISCOVERY AND BRIEFING
SCHEDULE

1

Event

Previous Date

New Date

2

P.L.R. 4-4 Completion of
Claim Construction Discovery

Monday, January 23, 2017

Friday, February 17, 2017

4-5(a) Opening Claim
Construction Brief

Monday, February 6, 2017

Friday, March 3, 2017

4-5(b) Responsive Claim
Construction Brief

Tuesday, February 21,2017

Friday, March 17, 2017

4-5(c) Reply Claim
Construction Brief

Tuesday, February 28, 2017

Friday, March 24, 2017

3
4
5
6
7
8
9

Dated: January 17, 2017

10

Respectfully submitted,
ORRICK, HERRINGTON & SUTCLIFFE LLP

11
By:

12
13
14
15

Dated: January 17, 2017

/s/ Don Daybell
DON DAYBELL
Attorneys for Defendants HON HAI PRECISION
INDUSTRY CO., LTD. and FOXCONN
ELECTRONICS, INC.

SHEPPART, MULLIN, RICHTER & HAMPTON LLP

16
By:

17
18

/s/ Darren M. Franklin
DARREN M. FRANKLIN
Attorneys for Plaintiff and Counterclaim Defendant
LOTES CO., LTD.

19
20
21
22
23
24
25
26

Filer’s Attestation: I, Don Daybell, am the ECF User whose User ID and password are
being used to file this Stipulation. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that I
have obtained concurrence in the filing of this document from the above-listed signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED. Counsel shall not use the schedule
modifications granted herein as a basis for requesting any continuances of trial dates.
Dated:

January 19, 2017.

By:
The Honorable William Alsup
United States District Judge

27
28
ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

-2-

JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING
CLAIM CONSTRUCTION DISCOVERY AND BRIEFING
SCHEDULE