GeoTag, Inc. v. Zoosk, Inc.

Filing 133

STIPULATION AND ORDER REGARDING CLAIM CONSTRUCTION BRIEFING SCHEDULE re 132 Letter filed by Zoosk, Inc. Case Management Statement due by 10/22/2013. Further Case Management Conference reset for 10/29/2013 02:30 PM in Courtroom 5, 17th Floor, San Francisco. Claims Construction Hearing set for 10/29/2013 02:30 PM. Tutorial Hearing set for 10/16/2013 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/2/13. (bpf, COURT STAFF) (Filed on 4/2/2013)

March 28, 2013

KATHLEEN LU

EMAIL [e-mail]
Direct Dial [phone]

Honorable Judge Edward M. Chen
United States District Court
Northern District of California
450 Golden Gate Avenue, 15th Floor
San Francisco, CA 94102
Re:

GeoTag, Inc. v. Zoosk, Inc., 13-cv-00217-EMC (MEJ), United States District
Court for the Northern District of California

Dear Honorable Judge Chen:
In accordance with the Case Management Conference held on March 14, 2013, and the
Court’s Minute Entry (Dkt. 130), the parties jointly submit the follow proposal.
Proposed Claim Construction Briefing Schedule
Having met and conferred on the proper timing and schedule of the parties and following
the Court’s guidance regarding the timing of the Markman hearing to take place in the Fall, and
being unable to reach agreement, the parties submit the following proposed competing schedules
for the supplemental infringement and invalidity contentions and the claim construction briefing:
The Parties understand the Court’s order and discussions during the March 14, 2013
CMC to mean:
Supplemental Claims and Infringement Contentions: Plaintiff will review the source code
of Defendant and supplement its claims and infringement contentions to reference source code.
Supplemental Invalidity Contentions and Supplemental Document Production: Defendant
may supplement its invalidity contentions, and associated document production, upon filling of a
noticed motion and subsequent granting, for good cause, by the Court approving the
supplementation. The parties disagree as to the proper deadlines on the invalidity disclosures.
GeoTag proposes a deadline by which Zoosk must serve its supplemental invalidity
contentions should they be allowed by the Court, thus allowing Zoosk to file the motion at its
discretion. Zoosk’s proposal allows it to file invalidity contentions at anytime, which is
inconsistent with existing Patent Local Rules, and would be inequitable to GeoTag.

29088/00401/DOCS/2888245.1

Honorable Judge Edward M. Chen
March 28, 2013
Page 2
Zoosk proposes a deadline by which it will move for leave to supplement its invalidity
contentions if necessary. Zoosk believes that a deadline to serve the contentions, which may or
may not be allowed by the Court, is premature and unduly attempts to place constrains the
Court’s timing regarding its ruling on any such motion. Zoosk is amenable to a deadline for
serving its supplemental invalidity contentions that takes place after the Court’s ruling, and
proposes 45 days after, consistent with the Patent Local Rules.
The Parties disagree as to the mechanics of the claim construction briefing.
GeoTag proposes a schedule with opening, responsive, and reply brief consistent with the
Patent Local Rules, and its understanding of the Court’s direction at the CMC hearing.
Consistent with its understanding of the Court’s direction at the CMC hearing, Zoosk
proposes simultaneous opening and reply cross-briefs on claim construction.
The Parties propose dates below for either scenario.
Event
GeoTag to provide
Supplemental
Infringement Contentions
Defendant to seek leave to
serve Supplemental
Invalidity Contentions
Defendant to serve
Supplemental Invalidity
Contentions
Parties to exchange
proposed terms for
construction
Parties to exchange
Preliminary Claims
Constructions and
extrinsic evidence
Parties to submit Joint
Claim Construction and
Prehearing Statement
Opening claims
construction briefing
Responsive claims
construction briefing
Reply claims construction
briefing
Tutorial

GeoTag’s Proposed
deadline
6/24/2013

Zoosk’s Proposed
deadline
6/24/2013

n/a

6/24/2013

6/24/2013

30
45 days after Court Order
Granting Leave

7/8/2013

7/8/2013

7/29/2013

7/29/2013

8/19/2013

8/19/2013

9/9/2013
(by GeoTag)
9/23/2013
(by Zoosk)
9/30/2013
(by GeoTag)
Week of 10/14, at the
10/16/13 at 9:30 a.m.

9/9/2013
(by both parties)
n/a
9/30/2013
(by both parties)
Week of 10/14, at the
29088/00401/DOCS/2888245.1

Honorable Judge Edward M. Chen
March 28, 2013
Page 3

Markman Hearing
10/29/13 at 2:30 p.m.
Further CMC
10/29/13 at 2:30 p.m.

Court’s convenience
Week of 10/28, at the
Court’s convenience
Markman date, at the
Court’s convenience

Court’s convenience
Week of 10/28, at the
Court’s convenience
Markman date, at the
Court’s convenience

Protective Order
Zoosk’s Position:
In addition, to facilitate the discovery process ordered by the Court in the March 14, 2013
minute entry, Zoosk requests the Court to enter the proposed protective order submitted as
Exhibit A to the Joint Case Management Statement (Dkt. No. 129-1). At the CMC, the Court
directed GeoTag to identify the specific provisions Exhibit A that GeoTag objected to and to
meet and confer with Zoosk on those objections. To date, GeoTag has not done so.
GeoTag’s Position:
GeoTag is ready to meet and confer with Zoosk, regarding the protective order, at any
time. GeoTag does not interpret the court’s order, or discussion at the CMC, to have set a
deadline of this filing for meeting and conferring regarding the protective order. GeoTag has not
refused to meet and confer but has simply focused its efforts on attempting to reach agreement
on the above schedule.
Dated: March 28, 2013

Respectfully submitted,
MOUNT, SPELLMAN & FINGERMAN, P.C.
/s/ Kevin Pasquinelli

Daniel S. Mount (Cal. Bar No. 77517)
Kevin M. Pasquinelli (Cal. Bar No. 246985)
Mount, Spelman & Fingerman, P.C.
RiverPark Tower, Suite 1650
333 West San Carlos Street
San Jose CA 95110-2740
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
GEOTAG, INC.

29088/00401/DOCS/2888245.1

Honorable Judge Edward M. Chen
March 28, 2013
Page 4

FENWICK & WEST LLP
/s/ Kathleen Lu
Kathleen Lu
Charlene M. Morrow (CSB. No 136411)
Patrick E. Premo (CSB. No. 184915)
Hector J. Ribera (CSB No. 221511)
Brian Lahti (CSB No. 278951)
Kathleen Lu (CSB No. 267032)
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
Attorneys for Defendants and Counterclaimants
ZOOSK, INC.
KL:apc
IT IS SO ORDERED that the Court sets schedule as per above interlineated table. Parties to meet
and confer and agree upon stipulated protective order within 10 days of the date of this order.
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_______________________
EDWARD M. CHEN
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29088/00401/DOCS/2888245.1