GeoTag, Inc. v. Zoosk, Inc.

Filing 164

STIPULATION AND ORDER re 163 STIPULATION WITH PROPOSED ORDER FOR EXTENSION OF REMAINING CLAIM CONSTRUCTION DEADLINES filed by Zoosk, Inc. Case Management Statement due by 2/3/2014. Further Case Management Conference set for 2/10/2 014 02:30 PM in Courtroom 5, 17th Floor, San Francisco. Claims Construction Hearing set for 2/10/2014 02:30 PM. Tutorial Hearing set for 1/27/2014 02:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/2/13. (bpf, COURT STAFF) (Filed on 10/2/2013)

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DANIEL S. MOUNT, ESQ. (CSB No. 77517)
[e-mail]
KEVIN M. PASQUINELLI (CSB No. 246985)
[e-mail]
MOUNT, SPELMAN & FINGERMAN, P.C.
RiverPark Tower, Suite 1650
333 West San Carlos Street
San Jose, CA 95110-2740
Telephone:
408.279.7000
Facsimile:
408.998.1474

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DAVID R. BENNETT (PRO HAC VICE)
[e-mail]
DIRECTION IP LAW
P.O. BOX 14184
Chicago, IL 60614-0184
Telephone:
312.291.1667
Facsimile:
773.244.1070

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Attorneys for Defendant and
Counterclaimant
ZOOSK, INC.

MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Attorneys for Plaintiff and CounterclaimDefendant
GEOTAG, INC.

CHARLENE M. MORROW (CSB No.
136411)
[e-mail]
PATRICK E. PREMO (CSB No. 184915)
[e-mail]
HECTOR J. RIBERA (CSB No. 221511)
[e-mail]
KATHLEEN LU (CSB No. 267032)
[e-mail]
BRIAN E. LAHTI (CSB No. 278951)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

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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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GEOTAG, INC.,
Plaintiff,

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Case No.: 13-cv-00217-EMC

v.

JOINT STIPULATION AND
[PROPOSED] ORDER FOR
EXTENSION OF REMAINING CLAIM
CONSTRUCTION DEADLINES

ZOOSK, INC.,
Defendant.

Date Action Filed: September 13, 2011
Trial Date: None set

AND RELATED COUNTERCLAIMS.

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Pursuant to Local Rule 6-2, Plaintiff GeoTag, Inc. (“GeoTag”) and Defendant Zoosk, Inc.

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(“Zoosk”) (collectively, the “Parties”), stipulate as recited below and jointly request that the Court

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amend the current Claim Construction Scheduling Order [Dkt. No. 133] as set forth below.

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WHEREAS, the Court, by Order dated April 2, 2013 [Dkt. No. 133], issued a scheduling
order setting forth the case schedule through claim construction;
JOINT STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION OF REMAINING CLAIM
CONSTRUCTION DEADLINES

CASE NO.: 13-cv-00217-EMC

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WHEREAS, the Court, by Order dated July 24, 2013 [Dkt. No. 146], amended that
schedule by resetting the tutorial from October 16, 2013 to October 18, 2013;

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WHEREAS, GeoTag’s Supplemental Infringement Contentions were served June 24,
2013;
WHEREAS, the Parties met and conferred on August 2, 2013 and GeoTag agreed to
provide Zoosk amended supplemental infringement contentions;
WHEREAS, the Parties had previously filed a stipulation for a thirty (30) day extension of

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all remaining claim construction deadlines [Dkt. No. 150] to allow GeoTag time to amend its

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Supplemental Infringement Contentions as discussed at the meet-and-confer between the parties
on August 2, 2013, as well as, provide Zoosk the necessary time to review the amended

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supplemental infringement contentions prior to claim construction;

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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WHEREAS, the Court, by Order dated August 15, 2013 [Dkt. No. 152], granted the
Parties’ stipulation for a thirty (30) day extension of all remaining claim construction deadlines;
WHEREAS, GeoTag’s Amended Supplemental Infringement Contentions were served

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August 29, 2013, after review of a supplemental source code production from Zoosk relating to

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the accused instrumentalities;

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WHEREAS, the Parties met and conferred on September 24, 2013, and GeoTag agreed to

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provide Zoosk revisions to its August 29, 2013 Amended Supplemental Infringement

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Contentions;

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WHEREAS, the Parties agree to the below extension of all remaining claim construction

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deadlines to allow GeoTag time to revise its Amended Supplemental Infringement Contentions as

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the Parties discussed at the September 24, 2013 meet-and-confer, as well as, provide Zoosk the

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necessary time to review the revised Amended Supplemental Infringement Contentions prior to

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claim construction;

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WHEREAS, GeoTag is currently set to begin trial in the Eastern District of Texas on
December 2, 2013;
THE PARTIES HEREBY STIPULATE and jointly request that, in view of the foregoing,

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JOINT STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION OF REMAINING CLAIM
CONSTRUCTION DEADLINES

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CASE NO.: 13-cv-00217-EMC

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the case schedule shall be modified as set forth below:

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Event
Opening claim construction briefing by
GeoTag

Current Date

Proposed Date

10/10/2013

12/23/2013

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Responsive claim construction briefing by
Zoosk

10/24/2013

1/6/2014

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Reply claim construction briefing by
GeoTag

10/31/2013

1/13/2014

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Tutorial

11/18/2013

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Markman Hearing and Further CMC

12/2/2013

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Week of 1/27/2014 )(2:30p)
(2:30p)
Week of 2/10/2014

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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JOINT STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION OF REMAINING CLAIM
CONSTRUCTION DEADLINES

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CASE NO.: 13-cv-00217-EMC

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Dated: September 27, 2013

FENWICK & WEST LLP

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By: /s/ Brian E. Lahti
Brian E. Lahti
Attorneys for Defendant and
Counterclaimant
Zoosk, Inc.

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Dated: September 27, 2013

MOUNT, SPELMAN & FINGERMAN, PC

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By: /s/ Kevin Pasquinelli
Kevin Pasquinelli
Attorneys for Plaintiff and CounterclaimDefendant
GeoTag, Inc.

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PURSUANT TO STIPULATION, IT IS SO
ORDERED.

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S

The Honorable Edward M. Chen
United States District Judge
ERED

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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JOINT STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION OF REMAINING CLAIM
CONSTRUCTION DEADLINES

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CASE NO.: 13-cv-00217-EMC

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ATTESTATION PURSUANT TO GENERAL ORDER 45
Pursuant to General Order No. 45, § X(B), regarding signatures, I attest under penalty of
perjury that the concurrence in the filing of this document has been obtained from its signatories.

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Dated: September 27, 2013

FENWICK & WEST LLP

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By: /s/ Brian E. Lahti
Brian E. Lahti
Attorneys for Defendant and
Counterclaimant
Zoosk, Inc.

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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JOINT STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION OF REMAINING CLAIM
CONSTRUCTION DEADLINES

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CASE NO.: 13-cv-00217-EMC