Asetek Holdings, Inc et al v. Coolit Systems Inc

Filing 75

STIPULATION AND ORDER re 73 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST FOR ORDER AMENDING CASE MANAGEMENT ORDER; PROPOSED ORDER filed by Coolit Systems Inc Claims Construction Hearing set for 11/4/2013 02:30 PM. Tutorial Hearing set for 10/21/2013 10:00 AM in Courtroom 5, 17th Floor, San Francisco. Claims Construction Hearing set for 11/5/2013 02:30 PM.. Signed by Judge Edward M. Chen on 3/12/13. (bpf, COURT STAFF) (Filed on 3/12/2013)

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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]

ROBERT F. McCAULEY (162056)
([e-mail])
TINA E. HULSE (232936)
([e-mail])
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER LLP
3300 Hillview Avenue
Palo Alto, CA 94304
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 Plaintiffs
ASETEK HOLDINGS, INC. and
ASETEK A/S

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Attorneys for Defendant
CoolIT Sysytems, 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.,

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Defendant.

CASE NO. 3:12-CV-04498-EMC
STIPULATED REQUEST FOR ORDER
AMENDING CASE MANAGEMENT
ORDER
[PROPOSED] ORDER
(as modified)

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CASE NO. 3:12-CV-04498-EMC

STIPULATION AND [PROPOSED] ORDER RE
CASE MANAGEMENT ORDER

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On January 17, 2013, the Court held an Initial Case Management Conference. At the

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Initial Case Management Conference, the Court adopted the parties’ proposed Case Management

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Order through the completion of claim construction discovery and set a further case management

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conference for May 23, 2013 at 10:30 am. On February 26, 2013, CoolIT filed its amended

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answer to Asetek’s amended complaint and amended counterclaims.

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counterclaims included a claim for infringement of CoolIT’s U.S. Pat. No. 8,382,456, which

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issued on February 26, 2013. The parties are preparing to exchange the contentions required by

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the Patent Local Rules in connection with CoolIT’s patent. The parties agree that, in view of

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CoolIT’s new counterclaim, coordination of dates for claim construction proceedings for Asetek’s

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CoolIT’s amended

patents-in-suit and CoolIT’s patent-in-suit would be efficient.

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Accordingly, the parties submit that good cause exists to amend the Case Management

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Order in view of the desirability of coordinating claim construction for all patents now involved

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in this case.

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The parties propose the following amended schedule:

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EVENT

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Last Day for CoolIT to Serve Disclosure of
Asserted Claims and Infringement
Contentions (and accompanying document
production)

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PROPOSED SCHEDULE
March 19, 2013

Last Day for Asetek to Serve Preliminary
Invalidity Contentions (and accompanying
document production)

May 3, 2013

Last Day for Parties to Exchange List of
“Proposed Terms and Claim Elements for
Construction”

May 17, 2013

Case Management Conference

May 23, 2013 at 10:30 am

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Meet and confer to identify 10 terms

May 24, 2013

Exchange of Preliminary Claim
Constructions and Extrinsic Evidence

June 7, 2013

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CASE NO. 3:12-CV-04498-EMC

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STIPULATION AND [PROPOSED] ORDER RE
CASE MANAGEMENT ORDER

EVENT

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PROPOSED SCHEDULE

Meet and confer re Joint Claim
Construction and Prehearing Statement

June 14, 2013

Joint Claim Construction and Prehearing
Statement

July 2, 2013

Complete claim construction discovery

July 16, 2013

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Opening claim construction briefs

July 30, 2013

Responsive Briefs

August 13, 2013

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Reply Briefs

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- Oct. 21, 2013 at 10:00 a.m.
Tutorial
Claim Construction Hearing - Nov. 4 & 5 at
September 3, 2013, or at the earliest next
2:30 p.m. available date of the Court

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August 20, 2013

Close of Fact Discovery
Last Day to File Motions for Leave to
Amend the Pleadings

December 17, 2013 or sixty days from
issuance of the claim construction order,
whichever is later

Initial Expert Reports (on issues upon
which party bears burden of proof)

January 7, 2014 or 21 days after the close of
fact discovery, whichever is later

Rebuttal Expert Reports

February 6, 2014 or 30 days after initial expert
reports, whichever is later

Close of Expert Discovery

March 10, 2014 or 30 days after rebuttal
expert reports, whichever is later

Last Day to File Dispositive Motions

March 24, 2014 or 14 days after close of
expert discovery, whichever is later

Final Pretrial Conference

TBD

Trial

May 2014 (subject to the Court’s availability)

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CASE NO. 3:12-CV-04498-EMC

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STIPULATION AND [PROPOSED] ORDER RE
CASE MANAGEMENT ORDER

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By his signature below, counsel for Defendant attests that counsel for Plaintiffs concurs in

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the filing of this stipulation.

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Dated: March 8, 2013

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Respectfully submitted,
BLANK ROME LLP

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By:

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Dated: March 8, 2013

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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:

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

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Respectfully submitted,

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
ED

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Dated: March __, 2013

S DISTRICT
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C
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RT
U
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The Honorable Edward M. Chen
United StatesDERED
R District Judge
Northern District ED
of California
S SO O
IT I

DIFI

AS MO

R NIA

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/s/Dennis P. McCooe
Dennis P. McCooe
Attorneys for Defendant
CoolIT Systems Inc.

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Stipulated Request for Order Amending Case Management Order. In compliance with General
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FO

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RT

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NO

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ATTESTATION PER GENERAL ORDER 45
en
d M. Ch
e Edwar being used to file this
Judg
I, Daniel J. Knauss, am the ECF User whose ID and password are

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O F filing.
D IS T IC T
Order 45, X.B., I hereby attest that the counsel listed above have concurred with this
R
RN

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Dated: March 8, 2013

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/s/ Daniel J. Knauss
DANIEL J. KNAUSS
Attorneys for Defendant
CoolIT Systems, Inc.

1105849 v1/HN

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CASE NO. 3:12-CV-04498-EMC

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STIPULATION AND [PROPOSED] ORDER RE
CASE MANAGEMENT ORDER