Robert Bosch Healthcare Systems, Inc. -v- MedApps, Inc.

Filing 59

ORDER re 58 Joint MOTION for Extension of Time to File Response/Reply. Signed by Judge Richard Seeborg on 11/30/12. (cl, COURT STAFF) (Filed on 11/30/2012)

1
2
3
4
5
6
7
8
9
10
11
12

WOMBLE CARLYLE SANDRIDGE & RICE, LLP
Behrooz Shariati (#174436)
Email: [e-mail]
10050 North Wolfe Road, Suite 260
Cupertino, CA 95014
Telephone: [phone]
Malcolm K. McGowan (admitted pro hac vice)
Email: [e-mail]
Christine H. Dupriest (admitted pro hac vice)
Email: [e-mail]
1200 Nineteenth St. NW, Suite 500
Washington, DC 20036
Telephone: [phone]
KING AND SPALDING
William F. Abrams (#88805)
Email: [e-mail]
333 Twin Dolphin Drive, Suite 400
Redwood Shores, California 94065
Telephone: [phone]
Attorneys for Defendant/Counterclaimant
MEDAPPS, INC.

13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15

ROBERT BOSCH HEALTHCARE

16

SYSTEMS INC.,
Plaintiff,

17
18
19

Case No.: CV 12-00113-RS

v.

SECOND JOINT MOTION FOR LEAVE
TO EXTEND DATES OF THE CLAIM
CONSTRUCTION BRIEFING

MEDAPPS, INC.,
Defendant

20
21

MEDAPPS, INC.,
Counterclaimant,

22
23

v.

24

ROBERT BOSCH HEALTHCARE

25

SYSTEMS, INC.,

26
27
28

Counterclaim-Defendant
-1-

SECOND JOINT MOTION FOR LEAVE TO EXTEND DATES OF THE CLAIM CONSTRUCTION BRIEFING
CASE NO: CV12-00113 RS

1

Defendant/Counterclaimant MedApps, Inc. (“MedApps”) and Plaintiff/Counterclaim

2

Defendant Robert Bosch Healthcare Systems, Inc. (“Bosch,” together with MedApps, the

3

“Parties”) by and through their undersigned counsel, respectfully move this Court to extend the

4

remaining dates for claim construction briefing by three weeks and to remove the Claim

5

Construction Hearing from the Court’s calendar.

6

respectfully state the following:

In support of this Motion, the Parties

7

1. On May 25, 2012, the Court entered the Case Management Scheduling Order

8

[Docket No. 44]. This Order set the Claim Construction Hearing for this

9

matter for December 12, 2012 at 10:00 a.m.

10

2. On November 2, 2012, Bosch filed its opening claim construction brief.

11

3. On November 20, 2012, in response to a joint motion by the Parties intended

12

to facilitate renewed settlement discussions, the Court extended the deadlines

13

for claim construction briefing [Docket No. 57] as follows:

14
15
16
17

a. MedApps’ responsive claim construction brief to be submitted no later
than November 30, 2012; and
b. Bosch’s claim construction reply brief to be submitted no later than
December 7, 2012.

18

4. Over the last two weeks, the parties have made significant progress towards a

19

negotiated settlement of their dispute. To allow the Parties to focus on

20

settlement negotiations, and in the hope of avoiding further fees and litigation

21

expenses, the Parties respectfully request that the Court extend the remaining

22

claim construction deadlines and remove the currently scheduled Claim

23

Construction Hearing from the Court’s calendar.

24

5. The Parties will jointly contact the Court to reschedule the Claim Construction

25

Hearing at the conclusion of the requested three week extension should the

26

settlement negotiations fail to resolve this matter by that time.

27
28

-2-

SECOND JOINT MOTION FOR LEAVE TO EXTEND DATES OF THE CLAIM CONSTRUCTION BRIEFING
CASE NO: CV12-00113 RS

1
2
3
4
5
6
7
8
9

WHEREFORE, the Parties jointly request that the remaining claim construction
deadlines be amended as follows:
a. The date by which MedApps must file its responsive claim construction brief
be extended from November 30, 2012 to December 21, 2012;
b. The date by which Bosch must file its claim construction reply brief be
extended from November 26, 2012 to January 4, 2013;
c. The Claim Construction Hearing, scheduled for December 12, 2012 at 10:00
a.m. be removed from the Court’s calendar.
No other deadlines in this case are affected by this motion.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-

SECOND JOINT MOTION FOR LEAVE TO EXTEND DATES OF THE CLAIM CONSTRUCTION BRIEFING
CASE NO: CV12-00113 RS

1
2

DATED: November 30, 2012

WOMBLE CARLYLE SANDRIDGE & RICE LLP
By:

3
4
5
6
7

Behrooz Shariati (State Bar No. 174436)
10050 North Wolfe Road, Suite 260
Cupertino, CA 95014
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

8
9
10

William F. Abrams (State Bar No. 88805)
KING & SPALDING
333 Twin Dolphin Drive, Suite 400
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

11
12
13
14

Attorneys for MedApps, Inc.

15

DORSEY & WHITNEY LLP

16
17
18
19
20
21

/s/ Christine H. Dupriest
Malcolm K. McGowan (admitted pro hac vice)
Christine H. Dupriest (admitted pro hac vice)
1200 Nineteenth St., NW, Suite 500
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

By:

/s/ Douglas F. Stewart_________________________
Douglas F. Stewart (admitted pro hac vice)
Todd S. Fairchild (admitted pro hac vice)
701 Fifth Avenue, Suite 6100
Seattle, WA 98104
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

23

Patricia A. Welch (State Bar No. 127889)
305 Lytton Avenue
Palo Alto, CA 94301
Telephone: [phone]
Email: [e-mail]

24

Attorneys for Robert Bosch Healthcare Systems, Inc.

22

25
26
27
28

-4-

SECOND JOINT MOTION FOR LEAVE TO EXTEND DATES OF THE CLAIM CONSTRUCTION BRIEFING
CASE NO: CV12-00113 RS

[PROPOSED] ORDER

1
2

The Court, having considered the parties’ above Second Joint Motion for Leave to

3

30th
November
Extend Dates of the Claim Construction Briefing, it is this ____ day of __________, 2012, by

4

the United States District Court for the Northern District of California, ORDERED that:

5

1. The motion is GRANTED;

6

2. The remaining claim construction deadlines set forth in the Case Management

7
8
9
10
11
12
13

Scheduling Order [Doc. No. 44] are hereby amended as follows:
a. The date by which MedApps must file its responsive claim construction brief
is extended from November 30, 2012 to December 21, 2012;
b. The date by which Bosch must file its claim construction reply brief is
extended from December 7, 2012 to January 4, 2013; and
c. The Claim Construction Hearing, currently scheduled for December 12, 2012
at 10:00 a.m., is removed from the Court’s calendar.

14

3. The parties are to contact the Court on or before December 21, 2012 to reschedule the

15

Claim Construction Hearing should settlement negotiations fail to resolve this matter

16

by that date.

17

4. No other deadlines in this case are affected by this order.

18
19

_________________________________
Judge Richard Seeborg
United States District Judge

20
21
22
23
24
25
26
27
28

-5-

SECOND JOINT MOTION FOR LEAVE TO EXTEND DATES OF THE CLAIM CONSTRUCTION BRIEFING
CASE NO: CV12-00113 RS