Ariba, Inc. v. Coupa Software Inc.

Filing 79

ORDER re 76 JOINT PROPOSED CASE SCHEDULE. Close of fact discovery: 7/16/2014. Dispositive motions to be heard by 11/5/2014. Signed by Judge William H. Orrick on 12/19/2013. (jmdS, COURT STAFF) (Filed on 12/19/2013)

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Robert T. Haslam (SBN 71134)
[e-mail]
Amy K. Van Zant (SBN 197426)
[e-mail]
Hyun S. Byun (SBN 281753)
[e-mail]
Tess A. Hamilton (SBN 279738)
[e-mail]
Samuel J. Edwards (SBN 289305)
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Tel.: [phone]
Fax: [phone]

Robert D. Fram (SBN 126750)
[e-mail]
Christine Saunders Haskett (SBN 188053)
[e-mail]
Matthew D. Kellogg (SBN 280541)
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]

Attorneys for Plaintiff/Counter-defendant
ARIBA, INC.

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Kelly C. Hunsaker (SBN 168307)
[e-mail]
Enrique D. Duarte (SBN 247523)
[e-mail]
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]

Bryan A. Blumenkopf (SBN 286266)_
[e-mail])
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant/Counterclaimant
COUPA SOFTWARE INC.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ARIBA, INC.,
a Delaware corporation,

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Plaintiff/Counter-defendant,

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v.

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COUPA SOFTWARE INC.,
a Delaware corporation,
Defendant/Counterclaimant.

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JOINT CASE MANAGEMENT SCHEDULE
Case No.: 3:12-cv-01484-WHO

Case No.: 3:12-cv-01484-WHO
JOINT CASE MANAGEMENT
SCHEDULE

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Pursuant to the Minute Entry of December 10, 2013, ECF No. 75, this Joint Proposed

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Case Management Schedule is hereby submitted on behalf of Plaintiff/Counter-defendant Ariba,

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Inc. (“Ariba”) and Defendant/Counterclaimant Coupa Software Inc. (“Coupa”).

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Event
Ariba serves its Amended Infringement
Contentions and Preliminary Election of
Claims, which shall identify no more than
15 asserted claims.
Coupa serves its Amended Invalidity
Contentions and Preliminary Election of
Prior Art, which shall identify no more
than 15 prior art references to be relied
upon. A “reference” is any single
reference asserted to be anticipatory prior
art under 35 U.S.C. § 102 or combination
of references asserted to render one or
more claims obvious under 35 U.S.C. §
103.
Deadline to complete mediation
Ariba serves its Final Election of Asserted
Claims, identifying no more than 10
asserted claims.
Coupa serves its Final Election of Prior
Art, identifying no more than 10 asserted
references.
Close of fact discovery
Parties Serve Initial Expert Reports and
Produce Related Documents and Materials
Parties Serve Rebuttal Expert Reports and
Produce Related Documents and Materials
Expert Depositions
Final Date for Filing Dispositive Motions
and Motions to Limit or Exclude Expert
Testimony
Opposition to Motions for Summary
Judgment
Reply to Motions for Summary Judgment

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Hearing Date for Dispositive Motions

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Pre-Trial Conference
Jury Selection and Trial Begins

Joint Proposal
December 23, 2013

January 8, 2014

March 30, 2014
July 2, 2014 (28 days prior to service of
opening expert reports)
July 16, 2014 (14 days prior to service of
opening expert reports)
July 16, 2014
July 30, 2014
August 27, 2014
August 28 – Sep. 17, 2014
October 1, 2014 (may be filed sooner)

October 15, 2014 (or 14 days after opening
brief is filed)
October 22, 2014 (or 7 days after opposition is
filed)
November 5, 2014 (or approximately 30 days
after a party’s opening brief is filed, subject to
the Court’s availability)
January 5, 2015
January 20, 2015

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JOINT CASE MANAGEMENT SCHEDULE
Case No.: 3:12-cv-01484-WHO

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The parties also note that they are filing herewith a Joint Stipulation and Proposed Order

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to Permit the Parties to Serve Amended Contentions, consistent with the parties’ desire to serve

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amended infringement and invalidity contentions as noted in the parties’ December 3, 2013

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Joint Case Management Statement and as provided for in the proposed schedule supra.

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Respectfully submitted,
Dated: December 18, 2013

COVINGTON & BURLING LLP

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By:
/s/ Amy K. Van Zant
Amy K. Van Zant
Attorneys for Plaintiff/Counter-defendant
ARIBA, INC.

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Dated: December 18, 2013

FISH & RICHARDSON P.C.

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By:
/s/ Enrique Duarte
Enrique Duarte
Attorneys for Defendant/Counterclaimant
COUPA SOFTWARE INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED
Dated: December 19, 2013
______________________________________
WILLIAM H. ORRICK
United States District Judge

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JOINT CASE MANAGEMENT SCHEDULE
Case No.: 3:12-cv-01484-WHO

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