Delphix Corp. v. Actifio, Inc.
Filing
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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)
dhadden@fenwick.com
RYAN J. MARTON (CA BAR NO. 223979)
rmarton@fenwick.com
PHILLIP J. HAACK (CA BAR NO. 262060)
phaack@fenwick.com
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)
giri.pathmanaban@lw.com
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, CA 94025
Telephone: (650) 328-4600
Facsimile: (650) 463-2600
MAXIMILIAN A. GRANT (pro hac vice)
max.grant@lw.com
LATHAM & WATKINS LLP
555 Eleventh Street, NW, Suite 1000
Washington, D.C. 20004-1304
Telephone: (202) 637-2200
Facsimile: (202) 637-2201
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CHI CHEUNG (pro hac vice)
chi.cheung@lw.com
LATHAM & WATKINS LLP
885 Third Avenue
New York, NY 10022-4834
Telephone: (212) 906-1200
Facsimile: (212) 751-4864
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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
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