WhatsApp Inc. v. Intercarrier Communications, LLC

Filing 75

STIPULATION AND ORDER re 74 STIPULATION WITH PROPOSED ORDER for Extension of Time to August 18, 2014, for ICC's Reply Claim Construction Brief (Unopposed) filed by Intercarrier Communications, LLC. Signed by Judge Jon S. Tigar on August 8, 2014. (wsn, COURT STAFF) (Filed on 8/8/2014)

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Timothy Devlin (admitted pro hac vice)
Devlin Law Firm LLC
1220 N. Market Street, Suite 850
Wilmington, DE 19801
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Seth W. Wiener
Law Offices of Seth W. Wiener
609 Karina Court
San Ramon, CA 94582
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant and Counter-Plaintiff
InterCarrier Communications, LLC

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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.

STIPULATED MOTION FOR ONEWEEK EXTENSION OF TIME FOR ICC
TO FILE ITS REPLY CLAIM
CONSTRUCTION BRIEF

INTERCARRIER COMMUNICATIONS
LLC,
Defendant and
Counter-Plaintiff

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STIPULATED MOTION TO FILE ICC’S OPENING
CLAIM-CONSTRUCTION BRIEF OUT OF TIME

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Defendant and Counterclaim-Plaintiff Intercarrier Communications, LLC (“ICC”) and

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Plaintiff and Counterclaim-Defendant WhatsApp, Inc. (“WhatsApp”) hereby stipulate and

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respectfully submit this motion to for a one-week extension of time for ICC to file its Reply

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claim construction brief. The Court’s Scheduling Order (Dkt. No. 33) currently sets a due date

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for ICC’s Reply claim construction brief of August 11, 2014. The extension would make the

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brief due on August 18, 2014.

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The parties previously filed, and the Court approved, a stipulation permitting ICC to

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submit a shortened Opening brief of 25 pages or less, and further granted WhatsApp a

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corresponding one-day extension to its deadline to file its Response claim construction brief, so

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that its brief was due on August 5, 2014. (Dkt. 66, 69.) The parties filed and served their

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respective briefs on those scheduled dates.

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While the dates of WhatsApp’s Response brief and ICC’s Reply brief allowed only a

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short turnaround for ICC’s Reply (six days), ICC expected and intended to file its Reply brief on

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the scheduled date. However, as of last night, Thursday August 7, the lead associate on the case

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for ICC became indisposed due to a medical issue. The medical issue will sideline the lawyer

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(one of two lawyers working on the claim construction brief) for several days. Also, while a

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several day extension would typically be sufficient for ICC under these circumstances, the other

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ICC lawyer working on the brief (the lead lawyer on the case) has a Markman hearing in an

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unrelated case that will take place in Boston on Wednesday, August 13; and then mediation in

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the above-captioned case in the San Francisco area on Thursday, August 14, with travel back to

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the East coast thereafter. Accordingly, a one-week extension will allow counsel sufficient time

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to prepare the brief even in light of these intervening dates.

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Finally, the Court recently moved the Markman tutorial and hearing in this case back

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several weeks, to September 30, 2014 and October 14, 2014, respectively. (Dkt. 65.) It is

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therefore hoped that a one-week extension of time for ICC’s reply brief will not substantially

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impact the Court’s time for preparation for the Markman tutorial and hearing.

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STIPULATED MOTION TO FILE ICC’S OPENING
CLAIM-CONSTRUCTION BRIEF OUT OF TIME

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Accordingly, the parties stipulate, subject to the Court’s approval, that ICC shall have a

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one-week extension of time to file and serve its Reply claim construction brief. The new

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deadline for ICC’s reply claim construction brief will be August 18, 2014. In addition, to

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facilitate the mediation this week, ICC will, before the date of the mediation, provide WhatsApp

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with an informal identification of the arguments and authorities that will be set forth in ICC’s

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Reply brief.

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Respectfully submitted,
Dated: August 8, 2014

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

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Dated: August 8, 2014
By: /s/ Richard G. Frenkel
Richard G. Frenkel
LATHAM & WATKINS LLP
Counsel for WhatsApp, Inc.

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STIPULATED MOTION TO FILE ICC’S OPENING
CLAIM-CONSTRUCTION BRIEF OUT OF TIME

FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), Tim Devlin hereby attests that the concurrence in

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the filing of this document has been obtained from the other signatories, which shall serve in lieu

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of their signatures.

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

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STIPULATED MOTION TO FILE ICC’S OPENING
CLAIM-CONSTRUCTION BRIEF OUT OF TIME

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

ER

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R NIA

Ti ga r

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J u d ge J o

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RT

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NO

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_______________________
ERED
The Honorable RD S. Tigar
O O Jon
IT IS S
United States District Judge

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UNIT
ED

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RT
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August 8, 2014
Dated: ___________________
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S DISTRICT
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ORDER

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D IS T IC T
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OF

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STIPULATED MOTION TO FILE ICC’S OPENING
CLAIM-CONSTRUCTION BRIEF OUT OF TIME