WhatsApp Inc. v. Intercarrier Communications, LLC

Filing 80

STIPULATION AND ORDER re 79 STIPULATION WITH PROPOSED ORDER Stipulation to Withdraw Expert Claim Construction Declarations filed by WhatsApp Inc. Signed by Judge Jon S. Tigar on August 22, 2014. (wsn, COURT STAFF) (Filed on 8/22/2014)

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DOUGLAS E. LUMISH, Bar No. 183863
[e-mail]
RICHARD G. FRENKEL, Bar No. 204133
[e-mail]
LISA K. NGUYEN, Bar No. 244280
[e-mail]
NATASA PAJIC, Bar No. 268144
[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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CASE NO. 3:13-CV-4272-JST
Plaintiff and
Counter-Defendant

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STIPULATION TO WITHDRAW
EXPERT CLAIM CONSTRUCTION
DECLARATIONS

v.
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INTERCARRIER COMMUNICATIONS
LLC,
Defendant and
Counter-Plaintiff

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STIPULATION TO WITHDRAW EXPERT CLAIM
CONSTRUCTION DECLARATIONS

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WHEREAS WhatsApp, Inc. (“WhatsApp”) included with its responsive claim

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construction brief a Declaration of Michael J. Freedman in Support of WhatsApp’s Responsive

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Claim Construction Brief.

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WHEREAS ICC has raised with WhatsApp the procedural issue that neither party had

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disclosed expert testimony in the parties’ Joint Claim Construction and Pre-Hearing Statement.

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WHEREAS InterCarrier Communications, LLC (“ICC”), as a precaution, included with

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its reply claim construction brief a Declaration of Regis J. Bates Jr. in Support of InterCarrier

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Communications LLC’s Reply Claim Construction Brief.

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WHEREAS the parties prefer to avoid any possibility that they may be acting out of
concert with the Patent Local Rules.
IT IS HEREBY STIPULATED AND AGREED, by and among the parties and their

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respective counsel of record and with the permission of the Court, that the parties withdraw their

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respective expert declarations and all citations to these declarations in the claim-construction

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briefing.

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Respectfully submitted,

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Dated: August 19, 2014

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

Dated: August 19, 2014

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

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STIPULATION TO WITHDRAW EXPERT CLAIM
CONSTRUCTION DECLARATIONS

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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 WITHDRAW EXPERT CLAIM
CONSTRUCTION DECLARATIONS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ER

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J u d ge J o

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NO

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ERED

RD
_______________________
IS SO O
ITHonorable Jon S. Tigar
The
United States District Judge

LI

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UNIT
ED

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August 22, 2014
Dated: ___________________

S DISTRICT
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ORDER

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D IS T IC T O
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STIPULATION TO WITHDRAW EXPERT CLAIM
CONSTRUCTION DECLARATIONS