Barnes & Noble Inc. v. LSI Corporation et al.

Filing 178

STIPULATION AND ORDER AMENDING 9/5/12 CMC ORDER REGARDING CLAIM CONSTRUCTION DEALDINES AND RESETTING FURTHER CMC FROM 2/28/13 TO 4/11/13 AT 10:30 A.M.. Signed by Judge Edward M. Chen on 2/15/13. (bpf, COURT STAFF) (Filed on 2/15/2013)

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
John B. Quinn (Bar No. 90378)
Shon Morgan (Bar No. 187736)
865 S Figueroa St 10th Floor
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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David Eiseman (Bar No. 114758)
Melissa J. Baily (Bar No. 237649)
Carl G. Anderson (Bar No. 239927)
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

CHARLENE M. MORROW (CSB NO. 136411)
[e-mail]
VIRGINIA K. DEMARCHI (CSB NO. 168633)
[e-mail]
HECTOR J. RIBERA (CSB NO. 221511)
[e-mail]
RAVI RANGANATH (CSB NO. 272981)
[e-mail]
YIXIN ZHANG (CSB No. 270527)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, California 94041
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
LSI Corporation and
Agere Systems LLC

Attorneys for Plaintiffs
Barnes & Noble, Inc. and
barnesandnoble.com llc

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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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BARNES & NOBLE, INC. and
BARNESANDNOBLE.COM LLC,

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Plaintiffs,
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v.
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LSI CORPORATION and
AGERE SYSTEMS LLC,

Case No. 11-cv-02709 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
AMENDMENT TO SEPTEMBER 5, 2012
CASE MANAGEMENT ORDER
Trial Date: None set

Defendants.

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Pursuant to Local Rule 6-2, Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc

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(“Plaintiffs”) and Defendants LSI Corporation and Agere Systems LLC (“Defendants”)

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(collectively, the “Parties”), by and through their respective counsel of record, stipulate as recited

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below and jointly request that the Court amend the current case management schedule as set forth
STIPULATION REGARDING CLAIM
CONSTRUCTION DISCOVERY

CASE NO.: 11-CV-02709 EMC

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below.

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WHEREAS, the Parties filed a Joint Claim Construction and Prehearing Statement (the
“JCCS”) on January 18, 2013 [Dkt. No. 163];

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WHEREAS, the Court, by Order dated September 5, 2012 [Dkt. No. 132], set certain

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deadlines in the case, including the completion of claim construction discovery by February 15,

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2013;

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WHEREAS, the Court has scheduled a further case management conference for
February28, 2013 [Dkt. No. 147];
WHEREAS, in the JCCS, the Parties stated their respective positions regarding expert

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witness testimony on claim construction, but did not agree as to whether extrinsic evidence in the

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form of expert testimony is necessary or appropriate in the present case [Dkt. No. 163 at 6-8];

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WHEREAS, neither Party has served an expert report or declaration including expert
witness testimony on claim construction;
WHEREAS, the Parties have met and conferred and agreed that, in the event either Party

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submits a declaration including expert testimony in support of a claim construction brief, that

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expert will be made available for deposition before the opposing Party’s next claim construction

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brief is due, at a time and place mutually convenient for the Parties;

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WHEREAS, the Parties agree that, in view of the foregoing, the date set by the Court for

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the completion of claim construction discovery shall be extended by a period of forty-nine days

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until April 5, 2013;

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WHEREAS, the Parties do not expect that this proposed extension will impact any other
dates already fixed by Court Order;
THE PARTIES HEREBY STIPULATE that the deadline for the completion of claim
construction discovery, currently set for February 15, 2013, shall be extended to April 5, 2013.

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STIPULATION REGARDING CLAIM
CONSTRUCTION DISCOVERY

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CASE NO.: 11-CV-02709 EMC

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Dated: February 13, 2013

FENWICK & WEST LLP

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By: /s/ Ravi Ranganath
Ravi Ranganath
Attorneys for Defendants
LSI Corporation and Agere Systems LLC

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Dated: February 13, 2013

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By: /s/ Carl G. Anderson
Carl G. Anderson
Attorneys for Plaintiffs
Barnes & Noble, Inc. and
barnesandnoble.com llc

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S

. Che
ward M

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DIFIE
AS MO

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Judge Ed
Edward M. Chen
ER
United StatesC District Judge
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NO

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RT
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PURSUANT TO STIPULATION, IT IS SO
ORDERED.
All other deadlines are set as follows*
ISTRIC
ES D
TC
AT
T
Further CMC is reset from 2/28/13 to
ERED
4/11/13 at 10:30 a.m.
O ORD D
IT IS S

UNIT
ED

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S T RIC

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*4/5/13 - Completion of claim construction discovery
4/19/13 - Serve and file opening claim construction brief
5/3/13 - Serve and file claim construction response brief
5/10/13 - Serve and file claim construction reply brief
5/17/13 - Serve and file claim construction sur-reply brief
6/7/13 (9:30 a.m. - 4:30 p.m.)
- Tutorial
6/10 & 6/11/13 (9:30 a.m. - 4:30 p.m.) - Claim construction hearing

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STIPULATION REGARDING CLAIM
CONSTRUCTION DISCOVERY

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CASE NO.: 11-CV-02709 EMC

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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Pursuant to General Order No. 45, § X(B), regarding signatures, I attest under penalty of

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perjury that the concurrence in the filing of this document has been obtained from its signatories.

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Dated: February 13, 2013

FENWICK & WEST LLP

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By: /s/ Ravi Ranganath
Ravi Ranganath
Attorneys for Defendants
LSI Corporation and Agere Systems LLC

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STIPULATION REGARDING CLAIM
CONSTRUCTION DISCOVERY

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CASE NO.: 11-CV-02709 EMC