WhatsApp Inc. v. Intercarrier Communications, LLC

Filing 109

STIPULATION AND ORDER re 108 STIPULATION WITH PROPOSED ORDER To Extend Deadlines Set Forth in the Court's November 17, 2014 Scheduling Order filed by WhatsApp Inc. Motion Hearing set for 6/9/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on February 12, 2015. (wsn, COURT STAFF) (Filed on 2/12/2015)

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DOUGLAS E. LUMISH, Bar No. 183863
[e-mail]
RICHARD G. FRENKEL, Bar No. 204133
[e-mail]
NATASA PAJIC, Bar No. 268144
[e-mail]
KARAN S. DHADIALLA, Bar No. 296313
[e-mail]
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
KYLE A. VIRGIEN, Bar No. 278747
[e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counter-Defendant
WHATSAPP 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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WHATSAPP INC.,

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Plaintiff and
Counter-Defendant

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CASE NO. 3:13-CV-4272-JST

v.

STIPULATION TO EXTEND
DEADLINES SET FORTH IN THE
COURT’S NOVEMBER 17, 2014
SCHEDULING ORDER

INTERCARRIER COMMUNICATIONS
LLC,
Defendant and
Counter-Plaintiff

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STIPULATION TO EXTEND DEADLINES SET FORTH IN THE
COURT’S NOVEMBER 17, 2014 SCHEDULING ORDER
CASE NO. 3:13-CV-4272-JST

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Plaintiff WhatsApp Inc. (“WhatsApp”) and Defendant Intercarrier Communications, LLC

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(“ICC”) hereby respectfully submit this joint motion to extend the deadlines set forth in the

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Court’s November 16, 2014 Scheduling Order (Dkt. 107). The parties have been and are

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currently engaged in negotiations for amicable resolution of the above-captioned matter and

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request additional time to further these discussions.

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According to the Court’s most recent Scheduling Order, ICC is supposed to serve

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updated infringement contentions and supporting evidence today, February 10, 2015. The

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parties have conferred, and subject to the Court’s approval, the parties agree to amend the

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Court’s November 17, 2014 Scheduling Order to move this deadline to March 10, 2015 and the

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remainder of the deadlines as follows:

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Event
ICC serves updated
infringement contentions and
supporting evidence
ICC files motion for leave to
amend its infringement
contentions
WhatsApp files its limited
motion for summary judgment
of non-infringement
Summary Judgment
opposition
Summary Judgment reply
Summary Judgment hearing
Parties submit further joint
case management statement
proposing a schedule through
trial

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Original Deadline
February 10, 2015

Amended Deadline
March 10, 2015

February 19, 2015

March 19, 2015

March 17, 2015

April 14, 2015

April 7, 2015

May 5, 2015

April 21, 2015
May 12, 2015 at 2:00 p.m.
14 days after the Court
rules on WhatsApp’s
limited motion for
summary judgment

May 19, 2015
June 9, 20151
14 days after the Court
rules on WhatsApp’s
limited motion for
summary judgment

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The case schedule was previously modified, as follows:

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1. The time for the case management conference was previously extended from
December 11, 2013 to January 22, 2014.

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Subject to the Court’s availability
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STIPULATION TO EXTEND DEADLINES SET FORTH IN THE
COURT’S NOVEMBER 17, 2014 SCHEDULING ORDER
CASE NO. 3:13-CV-4272-JST

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2. The time to exchange preliminary claim constructions and supporting evidence was
extended from May 5, 2014 to May 13, 2014.
3. The time for ICC to file a replacement opening claim construction brief was extended
from July 21, 2014 to July 23, 2014.
4. The time for WhatsApp to file its claim construction brief was extended from August
4, 2014 to August 5, 2014.
5. The time for ICC to file its reply claim construction brief was extended from August
11, 2014 to August 18, 2014.
6. The time for the technology tutorial hearing was extended from September 8, 2014 to
September 30, 2014.
7. The time for the claim construction hearing was extended from September 23, 2014
to October 14, 2014.
8. The time for WhatsApp to serve its supplemental invalidity contentions was extended
from October 27, 2014 to November 12, 2014.

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9. The time for the parties to serve its Further Joint Case Management Statement was

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extended from November 5, 2014 to November 7, 2014 and again to November 11,

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2014.

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WHEREFORE, WhatsApp and ICC respectfully request the Court to modify its
November 16, 2014 Scheduling Order to permit the extensions as set forth above.

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Respectfully submitted,

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Dated: February 10, 2015

By: /s/ Richard G. Frenkel
Richard G. Frenkel
LATHAM & WATKINS LLP
Counsel for WhatsApp, Inc.

Dated: February 10, 2015

By: /s/ Timothy Devlin
Timothy Devlin
DEVLIN LAW FIRM LLC
Counsel for InterCarrier Communications, LLC

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STIPULATION TO EXTEND DEADLINES SET FORTH IN THE
COURT’S NOVEMBER 17, 2014 SCHEDULING ORDER
CASE NO. 3:13-CV-4272-JST

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), Richard G. Frenkel hereby attests that the

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concurrence in the filing of this document has been obtained from the other signatories, which

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shall serve in lieu of their signatures.

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By: /s/ Richard G. Frenkel
Richard G. Frenkel
LATHAM & WATKINS LLP
Counsel for WhatsApp, Inc.

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STIPULATION TO EXTEND DEADLINES SET FORTH IN THE
COURT’S NOVEMBER 17, 2014 SCHEDULING ORDER
CASE NO. 3:13-CV-4272-JST

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

ED

_______________________
ORDER
IS SO Jon S. Tigar
T
TheIHonorable
United States District Judge

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UNIT
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February 12, 2015
Dated: ___________________

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[PROPOSED] ORDER

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[PROPOSED] ORDER TO EXTEND DEADLINES SET FORTH
IN THE COURT’S NOV. 17, 2014 SCHEDULING ORDER
CASE NO. 3:13-CV-4272-JST