Aylus Networks, Inc. v. Apple Inc.

Filing 73

STIPULATION AND ORDER re 68 . Responses due by 10/15/2014. Replies due by 10/16/2014. Motions (#65, 67 and 69) Hearing set for 10/22/2014 12:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 10/15/14. (bpf, COURT STAFF) (Filed on 10/15/2014)

1 QUINN EMANUEL URQUHART &
SULLIVAN, LLP
 Harold A. Barza (Bar No. 80888)
[e-mail]
 Amar L. Thakur (Bar No. 194025)
 [e-mail]
Vincent Pollmeier (Bar No. 210684)
 [e-mail]
865 South Figueroa Street, 10th Floor
 Los Angeles, California 90017-2543
Telephone:
[phone]

Facsimile:
[phone]

QUINN EMANUEL URQUHART &
 SULLIVAN, LLP
William O. Cooper (Bar No. 279385)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
[phone]
 Facsimile:
 Attorneys for Plaintiff,
Aylus Networks, Inc.


MARK D. FOWLER, Bar No. 124235
[e-mail]
CHRISTINE K. CORBETT, Bar No. 209128
[e-mail]
ROBERT BUERGI, Bar No. 242910
[e-mail]
ERIK R. FUEHRER, Bar No. 252578
[e-mail]
JONATHAN HICKS, Bar No. 274634
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Telephone: [phone]
Facsimile: 650.833.2001
ROBERT WILLIAMS, Bar No. 246990
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
APPLE INC.





UNITED STATES DISTRICT COURT




NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION




AYLUS NETWORKS, INC., a Delaware
 corporation,


Plaintiff,

 v.
 APPLE INC., a California corporation


CASE NO. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING EXPEDITED
BRIEFING AND ARGUMENT FOR
AYLUS' AND APPLE'S RESPECTIVE
MOTIONS TO STRIKE (Revised)

Defendant.


05010.00001/6280202.1




Case No. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING EXPEDITED BRIEFING
AND ARGUMENT FOR AYLUS' AND APPLE'S RESPECTIVE MOTIONS TO STRIKE

1

WHEREAS, Apple filed its Motion to Strike Expert Declaration of Daniel J. Wigdor in

2 Support of Aylus's Reply Claim Construction Brief on October 9, 2014.
3

WHEREAS, Aylus will file its Motion to Strike Apple's Non-Disclosed Claim

4 Construction Evidence on October 13, 2014.
5

WHEREAS, Apple will file a Second Motion to Strike related to exhibits used in Aylus'

6 Reply Claim Construction Brief.
7

WHEREAS, as regularly noticed, all of the above motions to strike would be heard after

8 the November 10, 2014 Claim Construction Hearing.
9

WHEREAS, both Apple and Aylus seek the Court's rulings on their respective motions

10 prior to the Claim Construction Hearing scheduled for November 10, 2014.
11

NOW, THEREFORE, IT IS HEREBY STIPULATED AND RESPECTFULLY

12 REQUESTED by the parties that the Court issue an order adopting the following schedule for
13 briefing and argument of the parties' respective motions to strike:
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15
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1. Aylus will file its Motion to Strike Apple's Non-Disclosed Claim Construction Evidence
on October 13, 2014.
2. By 1 P.M. on October 14, 2014, Apple will file its Second Motion to Strike.
3. By 12 P.M. on October 15, 2014, Aylus will file its opposition, if any, to Apple's Motion to

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Strike Expert Declaration of Daniel J. Wigdor in Support of Aylus's Reply Claim
Construction Brief.
4. By October 16, 2014, Apple will file its opposition, if any, to Aylus' Motion to Strike
Apple's Non-Disclosed Claim Construction Evidence.
5. By October 16, 2014, Aylus will file its opposition, if any, to Apple's Second Motion to
Strike.

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6. By October 17, 2014, both Apple and Aylus will file reply briefs, if any, for all motions to
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05010.00001/6280202.1

strike.
-1Case No. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING EXPEDITED BRIEFING
AND ARGUMENT FOR AYLUS' AND APPLE'S RESPECTIVE MOTIONS TO STRIKE

1
2
3
4
5

7. On October 20, 2014, the Court will hear all arguments related to all motions to strike
proposed by the parties in this stipulation.
[OR AS AN ALTERNATIVE SCHEDULE:]
1. Aylus will file its Motion to Strike Apple's Non-Disclosed Claim Construction Evidence
on October 13, 2014.

6
7

2. By October 14, 2014, Apple will file its Second Motion to Strike.

8

3. By October 15, 2014, Aylus will file its opposition, if any, to Apple's Motion to Strike

9

Expert Declaration of Daniel J. Wigdor in Support of Aylus's Reply Claim Construction

10
Brief.
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12
13

4. By 12 P.M. on October 17, 2014, Apple will file its opposition, if any, to Aylus' Motion to
Strike Apple's Non-Disclosed Claim Construction Evidence.

14
5. By 12 P.M. on October 17, 2014, Aylus will file its opposition, if any, to Apple's Second
15
16

Motion to Strike.

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6. By October 20, 2014, Apple will file its reply brief, if any, for its Motion to Strike Expert

18

Declaration of Daniel J. Wigdor in Support of Aylus's Reply Claim Construction Brief.

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20
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7. By October 21, 2014, Aylus will file its reply brief, if any, for its Motion to Strike Apple's
Non-Disclosed Claim Construction Evidence.
8. By October 21, 2014, Apple will file its reply brief, if any, for its Second Motion to Strike.

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9. On October 23, 2014, the Court will hear all argument related to all motions to strike
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proposed by the parties in this stipulation.

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05010.00001/6280202.1

-2Case No. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING EXPEDITED BRIEFING
AND ARGUMENT FOR AYLUS' AND APPLE'S RESPECTIVE MOTIONS TO STRIKE

1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
DATED: October 13, 2014
3
QUINN EMANUEL URQUHART &
4 SULLIVAN, LLP
5

/s/ Amar L. Thakur
6 Harold A. Barza
Amar L. Thakur
7 Vincent Pollmeier
8 Attorneys for Plaintiff,
9 Aylus Networks, Inc.
10

DLA PIPER LLP (US)

/s/ Mark D. Fowler
MARK D. FOWLER
CHRISTINE K. CORBETT
ROBERT BUERGI
ROBERT WILLIAMS
ERIK R. FUEHRER
JONATHAN HICKS
Attorneys for Defendant,
Apple Inc.

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05010.00001/6280202.1

-3Case No. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING EXPEDITED BRIEFING
AND ARGUMENT FOR AYLUS' AND APPLE'S RESPECTIVE MOTIONS TO STRIKE

1

[PROPOSED] ORDER

2
3

Aylus shall file its Motion to Strike Apple's Non-Disclosed Claim Construction Evidence

4 on October 13, 2014. By 1 P.M. on October 14, 2014, Apple shall file its Second Motion to
5 Strike. By 12 P.M. on October 15, 2014, Aylus shall file its opposition, if any, to Apple's Motion
6 to Strike Expert Declaration of Daniel J. Wigdor in Support of Aylus's Reply Claim Construction
7 Brief. By October 16, 2014, Apple will file its opposition, if any, to Aylus' Motion to Strike
8 Apple's Non-Disclosed Claim Construction Evidence. By October 16, 2014, Aylus will file its
9 opposition, if any, to Apple's Second Motion to Strike. By October 17, 2014, both Apple and
10 Aylus will file reply briefs, if any, for all motions to strike. On October 20, 2014, the Court, at the
11 Claim Construction Tutorial, will hear all arguments related to all motions to strike proposed by
12 the parties in this stipulation.
13

Motions 65, 67 and 69 to be heard on
Wednesday October 22, 2014 at 12:30 p.m.

14 [OR]
15
16

Aylus will file its Motion to Strike Apple's Non-Disclosed Claim Construction Evidence

17 on October 13, 2014. By October 14, 2014, Apple will file its Second Motion to Strike. By
18 October 15, 2014, Aylus will file its opposition, if any, to Apple's Motion to Strike Expert
19 Declaration of Daniel J. Wigdor in Support of Aylus's Reply Claim Construction Brief. By 12
20 P.M. on October 17, 2014, Apple will file its opposition, if any, to Aylus' Motion to Strike Apple's
21 Non-Disclosed Claim Construction Evidence. By 12 P.M. on October 17, 2014, Aylus will file its
22 opposition, if any, to Apple's Second Motion to Strike. By October 20, 2014, Apple will file its
23 reply brief, if any, for its Motion to Strike Expert Declaration of Daniel J. Wigdor in Support of
24 Aylus's Reply Claim Construction Brief. By October 21, 2014, Aylus will file its reply brief, if
25 any, for its Motion to Strike Apple's Non-Disclosed Claim Construction Evidence. By October
26 21, 2014, Apple will file its reply brief, if any, for its Second Motion to Strike. On October 23,
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05010.00001/6280202.1

-4Case No. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING EXPEDITED BRIEFING
AND ARGUMENT FOR AYLUS' AND APPLE'S RESPECTIVE MOTIONS TO STRIKE

1 2014, the Court will hear all arguments related to all motions to strike proposed by the parties in
2 this stipulation.
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5 PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 15, 2014

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-5Case No. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING EXPEDITED BRIEFING
AND ARGUMENT FOR AYLUS' AND APPLE'S RESPECTIVE MOTIONS TO STRIKE