Icon-IP Pty Ltd. v. Specialized Bicycle Components, Inc.

Filing 78

STIPULATION AND ORDER TO AMEND CONTENTIONS re 77 STIPULATION WITH PROPOSED ORDER filed by Specialized Bicycle Components, Inc. Signed by Judge Jon S. Tigar on June 6, 2014. (wsn, COURT STAFF) (Filed on 6/6/2014)

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MARTIN L. FINEMAN (Bar No. 104413)
DAVIS WRIGHT TREMAINE LLP
One Embarcadero Center, Suite 600
San Francisco, California 94111-3611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
RAYMOND P. NIRO
FREDERICK C. LANEY (admitted pro hac vice)
ASHLEY E. LaVALLEY (admitted pro hac vice)
NIRO, HALLER & NIRO
181 W. Madison, Suite 4600
Chicago, Illinois 60602
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff ICON-IP PTY LTD.

DARRELL L. OLSON (Bar No. 77633)
BENJAMIN J. EVERTON (Bar No.
259214)
Knobbe, Martens, Olson & Bear, LLP
2040 Main Street, Suite 1400
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant SPECIALIZED
BICYCLE COMPONENTS, INC.

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IN THE UNTIED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANSCISCO DIVISION

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ICON-IP PTY, LTD.,
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Plaintiff,
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v.
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SPECIALIZED BICYCLE
COMPONENTS, INC.,

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Defendant.

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) Case No. CV-12-3844 JST
)
)
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) STIPULATION AND [PROPOSED]
) ORDER TO AMEND CONTENTIONS
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) Hon. Jon S. Tigar
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STIPULATION AND PROPOSED ORDER TO AMEND CONTENTIONS  CASE NO. 12-CV-03844-JST

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Pursuant to Civil Local Rule 7-1, it is hereby stipulated by and between Plaintiff Icon-IP Pty

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Ltd. (“Icon”) and Defendant Specialized Bicycle Components, Inc. (“Specialized”), by and through

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their respective counsel of record that Icon should be allowed to amend its Infringement Contentions

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as set forth in Plaintiff’s Second Amended L.P.R. 3.1 Disclosure of Asserted Claims and

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Infringement Contentions, a copy of which is attached hereto as Exhibit A, and Specialized should
be allowed to amend its Invalidity Contentions as set forth in Specialized’s Amended Invalidity

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Contentions, a copy of which is attached hereto as Exhibit B.
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Pursuant to Patent Local Rule 3-6, amendments to Invalidity and Infringement Contentions

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are to be made upon a showing of good cause. Rule 3-6 lists non-exhaustive examples of
circumstances supporting a finding of good cause, including a claim construction by the Court

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different from that proposed by the party seeking amendment. Here, good cause exists because Icon

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and Specialized are amending their contentions in view of the Court's constructions of disputed

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claim terms, as set forth in the Court’s April 16, 2014 order.

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Icon and Specialized have already exchanged their proposed Amended Contentions. Neither
Icon nor Specialized it unduly prejudiced by the amendments to the Contentions.

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IT IS SO STIPULATED.
Dated:

By:

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Raymond P. Niro
Frederick C. Laney
Ashley E. Lavalley
NIRO, HALLER & NIRO
Attorneys for ICON-IP PTY, LTD.

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Dated:

By:
Darrell L. Olson
Benjamin J. Everton
KNOBBE, MARTENS, OLSON & BEAR, LLP
Attorneys for SPECIALIZED BICYCLE
COMPONENTS, INC.

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STIPULATION AND PROPOSED ORDER TO AMEND CONTENTIONS  CASE NO. 12-CV-03844-JST

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[PROPOSED] ORDER

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Having reviewed the Stipulation filed by the parties pursuant to Local Rule 7-1, and finding

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that good cause exists pursuant to N.D. Cal. Patent L.R. 3-6 to amend the Invalidity Contentions of

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Specialized Bicycle Components, Inc. and to amend the Infringement Contentions of Icon-IP Pty

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Ltd.,

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IT IS HEREBY ORDERED that Specialized Bicycle Components, Inc. is allowed to amend

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its Invalidity Contentions, as set forth in Specialized’s Amended Invalidity Contentions, and Icon-IP

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Pty Ltd. is allowed to amend its Infringement Contentions, as set forth in Plaintiff’s Second

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Amended L.P.R. 3.1 Disclosure of Asserted Claims and Infringement Contentions.

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R NIA

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J u d ge J o

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NO

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By:
The Honorable Jon S. Tigar RDERED
OO
UNITED STATESIDISTRICT JUDGE
IT S S

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Dated: June 6, 2014

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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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STIPULATION AND PROPOSED ORDER TO AMEND CONTENTIONS  CASE NO. 12-CV-03844-JST

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i) regarding signatures, I, Benjamin J. Everton, attest that

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concurrence in the filing of this document has been obtained from each of the other signatories. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing is

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true and correct.

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Dated: June 5, 2014

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By:

/s/Darrell L. Olson
Darrell L. Olson
KNOBBE, MARTENS, OLSON & BEAR, LLP
Attorneys for Defendant SPECIALIZED
BICYCLE COMPONENTS, INC.

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18085406

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STIPULATION AND PROPOSED ORDER TO AMEND CONTENTIONS  CASE NO. 12-CV-03844-JST

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