Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc.

Filing 95

STIPULATION AND ORDER EXTENDING TIME FOR THE PARTIES TO EXCHANGE CLAIM CONSTRUCTION BRIEFS. Signed by Judge Richard Seeborg on 1/7/13. (cl, COURT STAFF) (Filed on 1/7/2013)

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John M. Farrell (Cal. Bar. No. 99649)
[e-mail]
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Jonathan E. Singer (Cal. Bar No. 187908)
[e-mail]
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
and Third-Party Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISO DIVISION

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MYCONE DENTAL SUPPLY CO., INC.,
D/B/A KEYSTONE RESEARCH &
PHARMACEUTICAL,
a New York Corporation,

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Plaintiff,

Case No. 3:12-cv-00747-RS
JOINT STIPULATION AND PROPOSED
ORDER EXTENDING TIME FOR THE
PARTIES TO EXCHANGE CLAIM
CONSTRUCTION BRIEFS

v.
CREATIVE NAIL DESIGN, INC.,
a California corporation,

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Defendant.
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YOUNG NAILS, INC., CACEE, INC. AND
NAIL SYSTEMS INTERNATIONAL,
Third-Party Defendants.

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Pursuant to Local Rule 6-1, Plaintiff Mycone Dental Supply Co., Inc., d/b/a/ Keystone

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Research and Pharmaceutical (“Keystone”); Third-Party Defendants Young Nails, Inc., Cacee,

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Inc., and Nail Systems International; and Defendant Creative Nail Design, Inc. hereby stipulate

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE CLAIM CONSTRUCTION
BRIEFS
Case No. 3:12-cv-00747-RS

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and agree, subject to the Court’s approval, to extend the deadlines for the parties to exchange

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their claim construction briefing pursuant to Patent Local Rule 4-5 as follows:

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

opening claim construction briefs extended from January 9, 2013

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to January 18, 2013
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

2013 to February 8, 2013

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responsive claim construction briefs extended from January 30,



reply claim construction briefs is extended from February 8, 2013
to February 15, 2013.

These extensions will not affect the date of the claim construction hearing or any other
deadlines set by the Court.

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On January 3, 2013, Keystone and Third Party Defendants revised their position with

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respect to the term “methacrylate urethane resin” in claim 14 of U.S. Patent No. 6,803,394 and

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informed counsel for CND of this revision. Keystone and Third Party Defendants no longer

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contend that the term is indefinite, and proposed a new construction. The proposed extensions

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will allow the parties more time to develop their claim construction arguments in light of this

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change and/or to further meet and confer regarding the construction of the term “methacrylate

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urethane resin.”

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In accordance with General Order No. 45, Section X(B), the filer of this document hereby

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attests that the concurrence to the filing of this document has been obtained from the other

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signatory hereto.

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE CLAIM CONSTRUCTION
BRIEFS

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Dated: January 7, 2013

Respectfully submitted,

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FISH & RICHARDSON, PC

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/s/ John M. Farrell
John M. Farrell (Cal. Bar No. 99649)
[e-mail]
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone : [phone]
Facsimile : [phone]

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John R. Lane (pro hac vice)
[e-mail]
FISH & RICHARDSON P.C.
1221 McKinney Street, Suite 2800
Houston, TX 77010
Telephone: [phone]
Facsimile: [phone]

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Jonathan E. Singer (Cal. Bar No. 187908)
[e-mail]
12390 El Camino Real
San Diego, CA 92130
Telephone : [phone]
Facsimile : [phone]

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Joseph A. Herriges (pro hac vice)
[e-mail]
FISH & RICHARDSON P.C.
60 South 6th Street, Suite 3200
Minneapolis, MN 55402
Telephone: [phone]

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Ira A. Rosenau (pro hac vice)
[e-mail]
KLEHR HARRISON HARVEY
BRANZBURG, LLP
1835 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE CLAIM CONSTRUCTION
BRIEFS

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and Third-Party Defendants

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/s/ Adam R. Hess
Adam R. Hess (pro hac vice)
[e-mail]
Christopher T. La Testa (pro hac vice)
[e-mail]
VENABLE LLP
575 7th Street N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]

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Craig Kaufman (Cal. Bar. No. 159458)
[e-mail]
FREITAS TSENG & KAUFMAN LLP
100 Marine Parkway
Suite 200
Redwood Shores, CA 94065
Telephone: [phone]

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Attorneys for Defendant

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE CLAIM CONSTRUCTION
BRIEFS

[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION, IT IS ORDERED THAT the

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deadline for serving opening claim construction briefs is extended from January 9, 2013 to

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January 18, 2013, the deadline for serving responsive claim construction briefs is extended from

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January 30, 2013 to February 8, 2013, and the deadline for serving reply claim construction

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briefs is extended from February 8, 2013 to February 15, 2013.

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IT IS SO ORDERED.
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Dated: January __, 2013
______________________________
Hon. Richard Seeborg
United States District Judge

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE CLAIM CONSTRUCTION
BRIEFS