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

Filing 210

ORDER regarding discovery conference to discuss source code production and sequence of discovery and amendments to infringement contentions. Signed by Magistrate Judge Laurel Beeler on 4/19/2013. (lblc2S, COURT STAFF) (Filed on 4/19/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division BARNES AND NOBLE, INC., et al., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiffs, 13 14 v. LSI CORPORATION, et al., 15 No. C 11-02709 EMC (LB) ORDER REGARDING DISCOVERY CONFERENCE TO DISCUSS SOURCE CODE PRODUCTION AND SEQUENCE OF DISCOVERY AND AMENDMENTS TO INFRINGEMENT CONTENTIONS Defendants. [Re: ECF Nos. 200, 202, 205] 16 17 _____________________________________/ On April 10, 2013, defendants LSI Corporation and Agere Systems LLC (collectively, “LSI”) 18 filed a motion to, in part, amend their infringement contentions for five patents at issue in this 19 action: U.S. Patent No, 5,670,730; U.S. Patent No. 6,452,958; U.S Patent No. 6,707,867; U.S. Patent 20 No. 5,546,420; and U.S. Patent No. 5,920,552. See Motion, ECF No. 198; Corrected Motion, ECF 21 No. 200 at 2.1 During a Further Case Management Conference on April 11, 2011, the parties 22 described to Judge Chen a potential dispute concerning plaintiffs Barnes and Noble, Inc. and 23 LLC’s (collectively, “BN”) production of additional source code that LSI says 24 is necessary for it to fully make the amendments to its infringement contentions. See Transcript of 25 4/11/2013 Further CMC, ECF No. 205 at 4-8. To make this process as smooth as possible, Judge 26 Chen ordered the parties to meet and confer within approximately 2 weeks regarding this potential 27 28 1 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document. C 11-02709 EMC (LB) ORDER 1 dispute over the production of additional source code and then to contact the undersigned to 2 schedule a discovery conference to discuss the timing and sequence of BN’s production and LSI’s 3 amendments to its infringement contentions for the patents already at issue in this case. See 4 Amended Minute Order, ECF No. 202 at 1; Transcript of 4/11/2013 Further CMC, ECF No. 205 at 5 22-23. 6 To facilitate a meaningful discovery conference, the undersigned orders the parties to set forth 7 the dispute and their proposals for its resolution in a joint discovery dispute letter brief (in 8 accordance with the procedures set forth in undersigned’s standing order), rather than through the 9 noticed motion process.2 Given Judge Chen’s directive that the parties meet and confer within undersigned ORDERS the parties to submit their joint discovery dispute letter brief and any 12 For the Northern District of California approximately 2 weeks from the April 11, 2013 Further Case Management Conference, the 11 UNITED STATES DISTRICT COURT 10 proposals regarding timing by May 2, 2013 (which is 1 week after the 2 week period to meet and 13 confer). Thereafter, the court will schedule a discovery conference to discuss the dispute with the 14 parties. 15 16 IT IS SO ORDERED. Dated: April 19, 2013 _______________________________ LAUREL BEELER United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 The court notes that LSI’s motion is still live with respect to LSI’s request to amend its counterclaims and its infringement contentions to add additional patents that are not already at issue in this case. See Amended Minute Order, ECF No. 202 at 1. C 11-02709 EMC (LB) ORDER 2

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