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

Filing 193

STIPULATION AND ORDER 192 REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER filed by Barnesandnoble.com LLC, Barnes & Noble Inc. Tutorial Hearing set for 7/1/2013 and 7/2/2013 at 02:30 PM in Courtroom 5, 17th Floor, San Francisco. Claims Construction Hearing set for 7/22, 23 and 26, 2013 02:30 PM in Courtroom 5, 17th Floor, San Francisco. Claims Construction Hearing set for 7/26/2013 02:30 PM.. Signed by Judge Edward M. Chen on 3/25/13. (bpf, COURT STAFF) (Filed on 3/25/2013)

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1 2 3 4 5 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: (213) 443-3000 Facsimile: (213) 443-3100 Email: johnquinn@quinnemanuel.com shonmorgan@quinnemanuel.com 6 7 8 9 10 11 12 13 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: (415) 875 6600 Facsimile: (415) 875 6700 Email: davideiseman@quinnemanuel.com melissabaily@quinnemanuel.com carlanderson@quinnemanuel.com CHARLENE M. MORROW (CSB NO. 136411) cmorrow@fenwick.com VIRGINIA K. DEMARCHI (CSB NO. 168633) vdemarchi@fenwick.com HECTOR J. RIBERA (CSB NO. 221511) hribera@fenwick.com BRYAN A. KOHM (CSB No. 233276) bkohm@fenwick.com RAVI RANGANATH (CSB NO. 272981) rranganath@fenwick.com YIXIN ZHANG (CSB No. 270527) yzhang@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, California 94041 Telephone: (650) 988-8500 Facsimile: (650) 938-5200 Attorneys for Defendants LSI Corporation and Agere Systems LLC Attorneys for Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 BARNES & NOBLE, INC. and BARNESANDNOBLE.COM LLC, 19 Plaintiffs, 20 v. 21 22 23 LSI CORPORATION and AGERE SYSTEMS LLC, Case No. 11-cv-02709 EMC REVISED JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER Trial Date: None set Defendants. 24 25 Pursuant to Local Rule 6-2, Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc 26 (“Plaintiffs”) and Defendants LSI Corporation and Agere Systems LLC (“Defendants”) 27 (collectively, the “Parties”), by and through their respective counsel of record, stipulate as recited 28 REVISED STIPULATION REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER CASE NO.: 11-CV-02709 EMC 1 below and jointly request that the Court amend the current case management schedule as set forth 2 below. 3 4 WHEREAS, the Court, by Order dated February 15, 2013 (Dkt. No. 179), reset the date for the claim construction hearing to July 5, 2013 and July 8, 2013; 5 WHEREAS, David Eiseman of Quinn Emanuel Urquhart & Sullivan, LLP, counsel for 6 Plaintiffs in this matter, is unavailable July 5, 2013 due to a previously scheduled commitment; 7 8 WHEREAS, the Parties have met and conferred to discuss and confirm their mutual availability for potential alternative dates; WHEREAS, on March 11, 2013, the Parties discussed available dates with the Court’s 9 10 Courtroom Deputy, who suggested the following dates and times: 11 Technical tutorial - July 1, 2013, 10:00 a.m. 12 Claim construction hearing - July 22, 2013, 1:00 p.m. and July 23, 2013, 9:30 a.m.; 13 WHEREAS, the Parties are agreeable to these suggested hearing dates, subject to the 14 Court’s convenience; 15 FURTHERMORE, on March 14, 2013, the parties submitted a joint stipulation to the 16 above dates (Dkt. No. 191), in response to which the Court requested that the parties meet and 17 confer and re-submit a new stipulation including a new briefing schedule; 18 19 WHEREAS, the Parties have met and conferred to discuss and confirm a new briefing schedule as below: 20 May 10, 2013 Opening Claim Construction Brief 21 May 24, 2013 Responsive Claim Construction Brief 22 June 4, 2013 Reply Claim Construction Brief 23 June 14, 2013 Surreply Claim Construction Brief and Claim Construction Discovery 24 25 26 27 Cutoff WHEREAS, the Parties do not expect that these revisions will impact any other dates already fixed by Court Order; THE PARTIES HEREBY STIPULATE, subject to Court approval, to the following 28 REVISED STIPULATION REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER 2 CASE NO.: 11-CV-02709 EMC 1 revised dates: 2 May 10, 2013 Serve and File Opening Claim Construction Brief 3 May 24, 2013 Serve and File Responsive Claim Construction Brief 4 June 4, 2013 Serve and File Reply Claim Construction Brief 5 June 14, 2013 Serve and File Surreply Claim Construction Brief and Claim Construction 6 7 8 Discovery Cutoff The technical tutorial, currently set for June 21, 2013, shall be continued to July 1, 2013 at 10:00 a.m. and July 2, 2013 at 2:30 p.m. 9 The claim construction hearing, currently set for July 5 and July 8, 2013, shall be 10 continued to July 22, 2013 at 1:00 p.m. and July 23, 2013 at 9:30 a.m. July 22, 23 and 26, 2013 at 2:30 p.m. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REVISED STIPULATION REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER 3 CASE NO.: 11-CV-02709 EMC 1 Dated: March 25, 2013 FENWICK & WEST LLP 2 3 By: /s/ Ravi Ranganath Ravi Ranganath Attorneys for Defendants LSI Corporation and Agere Systems LLC 4 5 6 Dated: March 25, 2013 QUINN EMANUEL URQUHART & SULLIVAN, LLP 7 8 By: /s/ Carl G. Anderson Carl G. Anderson Attorneys for Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc 9 10 11 12 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 R NIA DIFIED dw a Judge E ER H 22 RT 21 AS MO hen rd M. C NO 20 IT FO 19 Edward M. Chen ERED United States District JudgeO ORD IS S LI 18 UNIT ED 17 S DISTRICT TE C TA RT U O S 16 A 15 N F D IS T IC T O R C 24 25 26 27 28 REVISED STIPULATION REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER 4 CASE NO.: 11-CV-02709 EMC 1 2 3 ATTESTATION PURSUANT TO GENERAL ORDER 45 Pursuant to General Order No. 45, § X(B), regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. 4 5 Dated: March 25, 2013 6 QUINN EMANUEL URQUHART & SULLIVAN, LLP 7 By: /s/ Carl G. Anderson Carl G. Anderson Attorneys for Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REVISED STIPULATION REGARDING AMENDMENT TO FEBRUARY 15, 2013 CASE MANAGEMENT ORDER 5 CASE NO.: 11-CV-02709 EMC

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