Masterobjects, Inc. v. Yahoo! Inc.

Filing 27

ORDER GRANTING 26 StipulationFOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO AMEND CASE MANAGEMENT SCHEDULE. Claims Construction Hearing set for 7/24/2012 01:30 PM. Tutorial Hearing set for 7/17/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 12/9/11. (jjoS, COURT STAFF) (Filed on 12/9/2011)

Case3:11-cv-02539-JSW Document26

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SPENCER HOSIE (CA Bar No. 101777)
[e-mail]
DIANE S. RICE (CA Bar No. 118303)
[e-mail]
GEORGE F. BISHOP (CA Bar No. 89205)
[e-mail]
HOSIE RICE LLP
Transamerica Pyramid
600 Montgomery Street, 34th Floor
San Francisco, CA 94111
[phone] Tel.
[phone] Fax

8 Attorneys for Plaintiff
9 MASTEROBJECTS, INC.

Filed12/07/11 Page1 of 5

CHARLES K. VERHOEVEN (CA Bar No. 170151)
[e-mail]
JENNIFER A. KASH (CA Bar No. 203679)
[e-mail]
KEVIN A. SMITH (CA Bar No. 250814)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111-4788
[phone] Tel.
[phone] Fax
Attorneys for Defendant
YAHOO!, INC.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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MASTEROBJECTS, INC.,
Case No. C 11-2539 JSW

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Plaintiff,
v.
YAHOO!, INC.,

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Defendant.

STIPULATION FOR LEAVE TO FILE
FIRST AMENDED COMPLAINT AND
TO AMEND CASE MANAGEMENT
SCHEDULE AND [PROPOSED]
ORDER

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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT AND TO AMEND CASE
MANAGEMENT SCHEDULE AND [PROPOSED] ORDER

CASE NO. C 11-2539 JSW

Case3:11-cv-02539-JSW Document26

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Filed12/07/11 Page2 of 5

Plaintiff MasterObjects, Inc. (“Plaintiff”) and defendant Yahoo!, Inc. (“Defendant”),

2 hereby stipulate through their respective counsel of record as follows:
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WHEREAS, on or about May 25, 2011, Plaintiff served its Original Complaint upon

4 Defendant; Plaintiff’s Complaint alleges counts for patent infringement, including direct
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infringement, induced infringement, contributory infringement, and willful infringement;
WHEREAS, Defendant filed its Amended Answer and Counterclaims on or about

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August 8, 2011, and Plaintiff filed its Answer to Amended Counterclaims on or about August

9 29, 2011.
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WHEREAS, MasterObjects has subsequently had one additional patent issue, U.S.

11 Patent No. 8,060,639 (“System and Method for Utilizing Asynchronous Client Server
12 Communication Objects”);
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WHEREAS, MasterObjects has received a Notice of Allowance for U.S. Patent

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Application No. 09/933,493 (“System and Method for Asynchronous Client Server Session

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Communication”) that a third patent will issue shortly;
WHEREAS, the parties agree that administrative and judicial efficiency will be

18 served if all the above MasterObjects patents, and claims arising thereunder, are asserted
19 together and on a consolidated schedule;
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WHEREAS, Defendant and Plaintiff have agreed and stipulated to Plaintiff’s filing of
the First Amended Complaint, to add these subsequent patents to this case;

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WHEREAS, the Initial Case Management Conference took place on September 30,
2011, and the Court at that time ordered a schedule for this case; and
WHEREAS, Plaintiff and Defendant have agreed to the following schedule, subject

26 to permitting the inclusion of the additional patents, and subject to this Court’s convenience:
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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT AND TO AMEND CASE
MANAGEMENT SCHEDULE AND [PROPOSED] ORDER

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CASE NO. C 11-2539 JSW

Case3:11-cv-02539-JSW Document26

Filed12/07/11 Page3 of 5

Event

Current Dates

Proposed Dates

Disclosure of Asserted Claims and
Infringement Contentions and
accompanying document production
[Pat. L.R. 3.1-3.2]

11/7/11

12/28/11

Invalidity Contentions and
accompanying document production
[Pat. L.R. 3.3-3.4]

12/21/11

2/20/12

Exchange of Proposed Terms and
Claim Elements for Construction [Pat.
L.R. 4.1.a-b.]

1/4/12

3/5/12

Simultaneous Exchange of Preliminary
Claim Constructions and Preliminary
Identifications of Extrinsic Evidence
[Pat. L.R. 4.2.a-b.]

1/25/12

3/26/12

Filing of Joint Claim Chart, Worksheet
and Hearing Statement [Pat. L.R. 4.3]

2/21/12

4/20/12

3/22/12

5/21/12

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Completion of Claim Construction
Discovery [Pat. L.R. 4.4]

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Opening Claim Construction Brief [Pat.
L.R. 4.5.a.]

4/6/12

6/5/12

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Responsive Claim Construction Brief
[Pat. L.R. 4.5.b]

4/20/12

6/19/12

Reply Claim Construction Brief [Pat.
L.R. 4.5.c]

4/27/12

6/26/12

Tutorial

(Approximately
Two Weeks After
Service of Reply
Briefs, Subject to
Court’s
Availability)

(Approximately
July 17, 2012
Three Weeks
After Service of at 1:30 p.m.
Reply Briefs,
Subject to Court’s
Availability)

Claim Construction Hearing [Pat. L.R.
4.6]

Subject to Court’s
availability

Subject to Court’s July 24, 2012
availability

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WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that

23 Plaintiff may have leave to file its First Amended Complaint, attached hereto as Exhibit 1,
24 and that the case management dates set forth in Attached shall be ordered.
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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT AND TO AMEND CASE
MANAGEMENT SCHEDULE AND [PROPOSED] ORDER

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CASE NO. C 11-2539 JSW

Case3:11-cv-02539-JSW Document26

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Dated: December 7, 2011

Filed12/07/11 Page4 of 5

Respectfully submitted:

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By:__/s/ Spencer Hosie______________________
Spencer Hosie
Attorneys for Plaintiff
MasterObjects, Inc.

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By:__/s/ Jennifer A. Kash______________________
Jennifer A. Kash
Attorneys for Defendant
Yahoo!, Inc.

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I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic

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filing of this document has been obtained from the other signatories.

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DATED: December 7, 2011
__/s/ Spencer Hosie_________________
Spencer Hosie

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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT AND TO AMEND CASE
MANAGEMENT SCHEDULE AND [PROPOSED] ORDER

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CASE NO. C 11-2539 JSW

Case3:11-cv-02539-JSW Document26

Filed12/07/11 Page5 of 5

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PURSUANT TO STIPULATION IT IS ORDERED THAT

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Leave to file Plaintiff’s First Amended Complaint and to Amend Case Management

3 Schedule is GRANTED.
4 Dated: December __, 2011
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______________________________________
Honorable Jeffrey S. White
UNITED STATES DISTRICT JUDGE

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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT AND TO AMEND CASE
MANAGEMENT SCHEDULE AND [PROPOSED] ORDER

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CASE NO. C 11-2539 JSW