Asetek Holdings, Inc et al v. Coolit Systems Inc

Filing 147

ORDER granting 145 STIPULATION WITH PROPOSED ORDER Stipulated Request to Modify the Partial Summary Judgment Supplemental Discovery and Briefing Schedule filed by Asetek Holdings, Inc, Asetek A/S. Supplemental Discovery due 12/16/2013. Supplemental Brief due by 12/23/2013. Responsive Brief due by 1/6/2014. Signed by Judge Edward M Chen on 10/28/2013. (beS, COURT STAFF) (Filed on 10/29/2013)

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Robert F. McCauley (SBN 162056)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
Holly Atkinson (SBN 286546)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
ASETEK HOLDINGS, INC.
and ASETEK A/S

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COOLEY LLP
HEIDI L. KEEFE (178960)
([e-mail])
DANIEL J. KNAUSS (267414)
([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]
DENNIS McCOOE
([e-mail])
(admitted Pro Hac Vice)
KATHERINE BARECCHIA
([e-mail])
(admitted Pro Hac Vice)
JOEL DION ([e-mail])
(admitted Pro Hac Vice)
BLANK ROME LLP
One Logan Square
130 North 18th Street
Philadelphia. PA 19103
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
COOLIT SYSTEMS INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ASETEK HOLDINGS, INC. and ASETEK A/S,

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Plaintiffs,
v.
COOLIT SYSTEMS INC.,
Defendant.

CASE NO. 3:12-CV-04498-EMC
STIPULATED REQUEST TO MODIFY
THE PARTIAL SUMMARY
JUDGMENT SUPPLEMENTAL
DISCOVERY AND BRIEFING
SCHEDULE;
[PROPOSED] ORDER

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STIPULATION TO MODIFY SUPPLEMENTAL DISCOVERY AND BRIEFING
[PROPOSED] ORDER.
CASE NO. 3:12-CV-04498-EMC

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On October 11, 2013, the Court issued an Order denying in part and deferring in part

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CoolIT’s Motion for Partial Summary Judgment to Prevent Asetek’s Double Recovery of

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Damages And, in the Alternative, for Patent Exhaustion. Dkt. 135. In its Order, the Court

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deferred, under Rule 56(d), deciding the issue of whether partial summary judgment was

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appropriate based on CoolIT’s asserted “have made” rights under the licensing agreement

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because Asetek had not had an opportunity to test the claims made in support of CoolIT’s reply

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brief by its reply declarant Geoff Lyon. Id. at 9. The Court Ordered that Asetek would have

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until November 1, 2013, to take narrowly focused discovery on the “have made” rights issue,

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Asetek would file a supplemental brief by November 6, 2013, and CoolIT would file a

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responsive brief by November 13, 2013. Id. at 10.
The parties have met and conferred regarding the supplemental discovery ordered by the

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Court. CoolIT has advised that its reply declarant Mr. Lyon is traveling abroad and will not

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return until November 1, the final day for Asetek to conduct discovery pursuant to the Court’s

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Order. Asetek has also requested that CoolIT produce additional documents in response to

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Asetek’s previously served document requests, and expects to serve interrogatories directed to

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this issue today. In addition, the parties are still in the time-consuming process of preparing

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claim construction reply briefs and preparing for the tutorial and claim construction hearing in

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November. For all these reasons, Asetek has requested, and CoolIT does not oppose, a stipulated

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extension to continue the discovery and briefing deadlines in the Court’s October 11 Order.

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Accordingly, the parties respectfully stipulate, with the Court’s permission, to extend the

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deadlines by approximately forty-five days (with additional time for CoolIT’s responsive brief

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over the holidays), so that the deadline for completing supplemental discovery would be

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extended from November 1, 2013 up to and including December 16, 2013, the deadline for

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Asetek to submit a supplemental brief from November 6, 2013 up to and including December 23,

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2013, and the deadline for CoolIT to submit a responsive brief from November 13, 2013, up to

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an including January 6, 2014. The requested extension will not interfere with any other

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deadlines currently set by this Court.

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STIPULATION TO MODIFY SUPPLEMENTAL DISCOVERY AND BRIEFING
[PROPOSED] ORDER.
CASE NO. 3:12-CV-04498-EMC

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By his signature below, counsel for Plaintiff Asetek attests that counsel for Defendant
CoolIT concurs in the filing of this document.

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Dated: October 25, 2013

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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
By:

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/s/ Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiffs
Asetek A/S and Asetek Holdings, Inc.

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Dated: October 25, 2013

BLANK ROME LLP
By:

/s/ Joel Dion
Joel Dion
Attorneys for Defendant
CoolIT Systems, Inc.

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STIPULATION TO MODIFY SUPPLEMENTAL DISCOVERY AND BRIEFING
[PROPOSED] ORDER.
CASE NO. 3:12-CV-04498-EMC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION OF THE PARTIES, the Stipulation is GRANTED.

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The discovery and briefing schedule set forth in the Court’ October 11, 2013 Order (Dkt .135)

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shall be modified such that Asetek shall have until December 16, 2013 to conduct narrowly

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focused discovery on the “have made” rights issue, Asetek shall have until December 23, 2013 to

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file a supplemental brief, and CoolIT shall have until January 6, 2014, to file a responsive

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supplemental brief.

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IT IS SO ORDERED.

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October 28, 2013
Dated: ___________________

_________________________________

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The Honorable Edward M. Chen
United States District Judge
Northern District of California

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STIPULATION TO MODIFY SUPPLEMENTAL DISCOVERY AND BRIEFING
[PROPOSED] ORDER.
CASE NO. 3:12-CV-04498-EMC