Delphix Corp. v. Actifio, Inc.

Filing 25

STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE ON DEFENDANT ACTIFIO'S MOTION TO DISMISS DELPHIX'S INDIRECT AND WILLFUL INFRINGEMENT CLAIMS AND RESCHEDULING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 3/13/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 12/30/13. (cl, COURT STAFF) (Filed on 1/2/2014)

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J. DAVID HADDEN (CA BAR NO. 176148)
[e-mail]
RYAN J. MARTON (CA BAR NO. 223979)
[e-mail]
PHILLIP J. HAACK (CA BAR NO. 262060)
[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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Attorneys for Plaintiff,
DELPHIX CORP.

S. GIRI PATHMANABAN (Bar No.
284802)
[e-mail]
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
MAXIMILIAN A. GRANT (pro hac vice)
[e-mail]
LATHAM & WATKINS LLP
555 Eleventh Street, NW, Suite 1000
Washington, D.C. 20004-1304
Telephone: [phone]
Facsimile: [phone]

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CHI CHEUNG (pro hac vice)
[e-mail]
LATHAM & WATKINS LLP
885 Third Avenue
New York, NY 10022-4834
Telephone: [phone]
Facsimile: [phone]

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Attorneys for Defendant,
ACTIFIO, 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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DELPHIX CORP.,
Plaintiff,

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v.

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ACTIFIO, INC.,

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Case No.: 3:13-cv-04613-RS

Defendant.

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JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
BRIEFING SCHEDULE ON
DEFENDANT ACTIFIO’S MOTION
TO DISMISS DELPHIX’S INDIRECT
AND WILLFUL INFRINGEMENT
CLAIMS AND RESCHEDULING CASE
MANAGEMENT CONFERENCE
Date Action Filed: October 4, 2013
Trial Date: None set

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Pursuant to Local Rule 6-2 and Local Rule 7-12, Plaintiff Delphix Corp. (“Delphix”) and

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JOINT STIP. AND [PROPOSED] ORDER
FOR EXT. OF BRIEFING SCHEDULE

Case No.: 3:13-cv-04613-RS

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Defendant Actifio, Inc. (“Actifio”) (collectively, the “Parties”), stipulate and jointly request that

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the Court extend the briefing schedule for Actifio’s Motion to Dismiss Delphix’s Indirect and

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Willful Infringement Claims [Dkt. No. 21] as set forth below.

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WHEREAS, Actifio, on December 12, 2013, filed its Motion to Dismiss Delphix’s
Indirect and Willful Infringement Claims [Dkt. No. 21];
WHEREAS, pursuant to Local Rule 7-3, the last day for Delphix to file an opposition to

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Actifio’s motion to dismiss was December 26, 2013, and the last day for Actifio to file a reply in

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support of its motion was January 2, 2014, but the parties filed a joint stipulation [Dkt. No. 23]

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extending those dates to December 30, 2013 and January 6, 2014, respectively;

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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WHEREAS, pursuant to the Clerk’s Notice Continuing Motion to Dismiss Hearing [Dkt.
No. 22], the hearing on Actifio’s motion to dismiss has been scheduled for March 6, 2014;
WHEREAS, the parties have agreed that a three week extension of the time for Delphix to

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file its opposition, and a three week extension of the time for Actifio to file its reply, are

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appropriate to accommodate both parties’ attorneys’ schedules and the date of the hearing;

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WHEREAS, a Case Management Conference is currently set for February 13, 2014 [Dkt.
No. 20] in this case;
WHEREAS, Actifio’s lead counsel, Maximilian Grant, is scheduled to be at trial on

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another matter in Washington D.C. on February 13, 2014, and therefore cannot attend the Case

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Management Conference on that date;

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WHEREAS, the parties have agreed that the Case Management Conference be
rescheduled to March 13, 2014, so that Actifio’s lead counsel can attend;
THE PARTIES HEREBY STIPULATE and jointly request that, in view of the foregoing,

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the Case Management Conference and the briefing schedule for Actifio’s Motion to Dismiss

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Delphix’s Indirect and Willful Infringement Claims shall be modified as set forth below:

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Event
Last Day for Delphix to file opposition to
Actifio’s Motion to Dismiss Delphix’s
Indirect and Willful Infringement Claims
JOINT STIP. AND [PROPOSED] ORDER
FOR EXT. OF BRIEFING SCHEDULE

Current Date
12/26/2013

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Proposed Date
1/16/2014

Case No.: 3:13-cv-04613-RS

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Event

Current Date

Proposed Date

Last Day for Actifio to file reply in
support of its Motion to Dismiss
Delphix’s Indirect and Willful
Infringement Claims

1/2/2014

2/13/2014

Case Management Conference

2/13/2014

3/13/20141

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Dated: December 30, 2013

FENWICK & WEST LLP

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By: /s/ Phillip J. Haack
Phillip J. Haack
Attorneys for Plaintiff
Delphix Corp.

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated: December 30, 2013

LATHAM & WATKINS LLP

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By: /s/ Chi Cheung
Chi Cheung
Attorneys for Defendant
Actifio, Inc.

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PURSUANT TO STIPULATION, IT IS SO
ORDERED.

Dated: 12/30/13

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The Honorable Richard G. Seeborg
United States District Judge

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Actifio reserves its rights to request a further extension to this date should Delphix file a second amended complaint

JOINT STIP. AND [PROPOSED] ORDER
FOR EXT. OF BRIEFING SCHEDULE

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Case No.: 3:13-cv-04613-RS