Asetek Holdings, Inc et al v. Coolit Systems Inc
Filing
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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)
robert.mccauley@finnegan.com
Jeffrey D. Smyth (SBN 280665)
jeffrey.smyth@finnegan.com
Holly Atkinson (SBN 286546)
holly.atkinson@finnegan.com
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Tel: (650) 849-6600
Fax: (650) 849-6666
Attorneys for Plaintiffs
ASETEK HOLDINGS, INC.
and ASETEK A/S
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COOLEY LLP
HEIDI L. KEEFE (178960)
(hkeefe@cooley.com)
DANIEL J. KNAUSS (267414)
(dknauss@cooley.com)
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
(650) 843-5000
Facsimile:
(650) 849-7400
DENNIS McCOOE
(mccooe@blankrome.com)
(admitted Pro Hac Vice)
KATHERINE BARECCHIA
(barecchia@blankrome.com)
(admitted Pro Hac Vice)
JOEL DION (dion-j@blankrome.com)
(admitted Pro Hac Vice)
BLANK ROME LLP
One Logan Square
130 North 18th Street
Philadelphia. PA 19103
Telephone:
(215) 569-5580
Facsimile:
(215) 832-5580
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
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