Symantec Corporation v. RPost Holdings, Inc. et al

Filing 50

STIPULATION AND MODIFIED ORDER re 49 STIPULATION TO EXTEND SCHEDULE filed by Symantec Corporation. Markman hearing set for 12/9/2014 01:00 PM. Tutorial Hearing set for 11/25/2014 01:00 PM in Courtroom 4, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 6/27/2014. (knm, COURT STAFF) (Filed on 7/1/2014)

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MICHAEL J. SACKSTEDER (CSB No. 191605)
[e-mail]
DAVID D. SCHUMANN (CSB No. 22936)
[e-mail]
LAUREN E. WHITTEMORE (CSB No. 255432)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350

LEWIS EMERY HUDNELL, III
[e-mail]
HUDNELL LAW GROUP P.C.
375 Park Avenue, Suite 2607
New York, NY 10152
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
RPOST HOLDINGS, INC. AND
RPOST COMMUNICATIONS
LIMITED

Attorneys for Plaintiff
SYMANTEC CORPORATION

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SAN FRANCISCO

NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW

UNITED STATES DISTRICT COURT

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F ENWICK & W EST LLP

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SAN FRANCISCO COURTHOUSE

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SYMANTEC CORPORATION,

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Plaintiff,
v.

Case No.: 3:14- 00238 VC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND SCHEDULE
AS MODIFIED

RPOST HOLDINGS INC. and RPOST
COMMUNICATIONS LIMITED,
Defendants.
Plaintiff Symantec Corporation and Defendants RPost Holdings Inc. and RPost

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Communications Limited (collectively “RPost”) hereby stipulate and agree, subject to the Court’s

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availability and approval, as follows:

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WHEREAS, on June 11, 2014, this Court issued an order reassigning this case to Judge
Chhabria and relating it to case no 13-cv-05227.
WHEREAS, the parties’ prior scheduling order includes a claim construction briefing
schedule prior to dispositive motions.
WHEREAS, this Court’s June 3, 2014 Standing Order indicates that the Court will only
conduct claim construction in conjunction with a dispositive motion.
STIPULATION TO EXTEND SCHEDULE

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Case No. 3:14- 00238 VC

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WHEREAS, defendants RPost Holdings Inc. and RPost Communications Limited

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(collectively, “RPost”) had not yet asserted infringement of U.S. Patent Nos. 8,504,628,

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8,468,199, 8,209,389, 8,224,913 and 7,966,372 (“the RPost patents”) at the time the parties

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provided the prior scheduling order to Judge Seeborg.

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WHEREAS, RPost filed an answer on June 23, 2014 which asserts counterclaims of
infringement of the RPost patents.
WHEREAS, the parties have conferred and RPost seeks to extend the time to serve

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infringement contentions by one week until June 30, 2014 while Symantec seeks to extend the

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time to serve invalidity contentions to the full 45 days permitted under the Patent Local Rules.

SAN FRANCISCO

the Federal Rules of Civil Procedure, the Local Rules of this Court, the Patent Local Rules and

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ATTORNEYS AT LAW

WHEREAS, the following proposed schedule generally follows the schedules set out in

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F ENWICK & W EST LLP

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this Court’s standing orders. The parties have exchanged initial disclosures and RPost filed its

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answer to Symantec’s First Amended Complaint on June 23, 2014.

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WHEREFOR, the parties hereby stipulate to the following schedule, subject to the Court’s
availability and approval:

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Proposed Date
n/a

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Current Date

Event

May 29, 2014 Last day for Symantec to serve Infringement Contentions
and comply with Patent L.R. 3-1 and 3-2 for U.S. Patent No.
6,442,686 (“’686 patent”)

June 30, 2014

June 23, 2014 Last day for RPost to serve Infringement Contentions and
comply with Patent L.R. 3-1 and 3-2 for U.S. Patent Nos.
8,504,628, 8,468,199, 8,209,389, 8,224,913 and 7,966,372
(“the RPost patents”)

July 11, 2014
(45 days after
Patent L.R. 3-1
and 3-2
disclosures)

July 11, 2014 Last day for RPost to serve Invalidity Contentions and
comply with Patent L.R. 3-3 and 3-4 for the ’686 patent

August 14, 2014
(45 days after
Patent L.R. 3-1
and 3-2
disclosures)

July 7, 2014

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Last day for Symantec to serve Invalidity Contentions and
comply with Patent L.R. 3-3 and 3-4 for the RPost patents

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STIPULATION TO EXTEND SCHEDUILE

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Case No. 3:14- 00238 VC

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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August 28, 2014 August 15, 2014 Last day for simultaneous exchange of proposed terms and
(14 days after
claim elements for construction and comply with Patent L.R.
Symantec’s
4-1 for all patents
Patent L.R. 3-3
and 3-4
disclosures and
48 days after
RPost’s Patent
L.R. 3-3 and 3-4
disclosures)
September 4,
2014
(7 days after
Patent L.R. 4-1
disclosures)

August 1, 2014 Last day for the parties to meet and confer regarding the
proposed terms for all patents

September 18, August 15, 2014 Last day for parties to exchange Proposed Claim
2014
Constructions and provide preliminary identification of
(14 days after the
extrinsic evidence and comply with Patent L.R. 4-2 for all
deadline to meet
patents
and confer
regarding
proposed terms)
September 25,
2014
(7 days after
Patent L.R. 4-2
disclosures)

September 2, Last day for parties to meet and confer regarding narrowing
2014
issues and finalizing preparation of Joint Claim Construction
and Prehearing Statement for all patents

October 9, 2014,
2014
(14 days after
parties meet and
confer regarding
narrowing issues
and finalizing
Joint Claim
Construction and
Prehearing
Statement)

September 9, Last day for parties to file Joint Claim Construction and Pre2014
hearing Statement and comply with Patent L.R. 4-3 for all
patents

December 8,
2014
(60 days after
Patent L.R. 4-3
Joint Claim
Construction
Chart)

October 9, 2014 Last day to take discovery relating to claim construction and
comply with Patent L.R. 4-4 for all patents

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STIPULATION TO EXTEND SCHEDUILE

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Case No. 3:14- 00238 VC

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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January 7, 2015
(30 days after last
day to take
discovery
relating to claim
construction and
comply with
Patent L.R. 4-4)

n/a

Last day to identify expert witnesses for all patents

March 6, 2015
March 6, 2015 Close of Fact Discovery for all patents (except for discovery
(58 days after last
under Patent L.R. 3-7)
day to identify
expert witnesses)
April 15, 2015
(40 days after
close of fact
discovery)

n/a

Parties with the burden of proof designate expert
witnesses (non-claim construction issues) and serve
expert reports for all patents

May 15, 2015
(30 days after
service of initial
expert reports)

n/a

Parties designate rebuttal expert witnesses (non-claim
construction issues) and serve rebuttal expert reports for all
patents

June 15, 2015
(31 days after
service of initial
expert reports)

n/a

Close of Expert Discovery (except for discovery under
Patent L.R. 3-6(a)) for all patents

July 15, 2015
(30 days after
close of expert
discovery)

October 24, 2014 Last day for parties to file opening claim construction brief
and supporting evidence and comply with Patent L.R. 4-5(a)
and for parties to file dispositive motions for all patents

August 5, 2015
(21 days after
service of claim
construction and
dispositive
motion briefs)

November 7, Last day for parties to file response claim construction brief
2014
and supporting evidence and comply with Patent L.R. 4-5(b)
and for parties to file oppositions to dispositive motions for
all patents

August 19, 2015
(14 days after
service of
responsive
claim
construction brief
and
oppositions to
dispositive
motions)

November 14, Last day for parties to file reply claim construction brief and
2014
rebuttal evidence and comply with Patent L.R. 4-5(c) and for
parties to file reply briefs in support of dispositive motions
for all patents

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STIPULATION TO EXTEND SCHEDUILE

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Case No. 3:14- 00238 VC

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2014

To be determined
by the Court (30
days after claim
construction
order)

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Last day to amend contentions under Patent L.R. 3-6(a)for
all patents

To be determined
by the Court (60
days after claim
construction
order)

n/a

Last day to make advice of counsel disclosures pursuant
to Patent L.R. 3-7 for all patents

To be
determined by
the Court (90
days after claim
construction
order)

n/a

Close of discovery under Patent L.R. 3-7 and Expert
Discovery under Patent L.R. 3-6(a)for all patents

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To be determined
by the Court

n/a

Final Pretrial Conference and hearing on motions in
Limine

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To be determined
by the Court

n/a

Trial

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SAN FRANCISCO

November 25,

Claim Construction Hearing pursuant to Patent L.R. 4-6
and hearing regarding dispositive motions for all patents

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ATTORNEYS AT LAW

November 21, Technology Tutorial for the Court and Claim
2014
Construction Prehearing Conference for all patents

September 16,
December 5,
2015
2014
(14 days after
December 9,
Technology
Tutorial or
to be determined 2014
based upon the
Court’s
availability)

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F ENWICK & W EST LLP

September 2,
2015
(14 days after
filing of claim
construction and
summary
judgment
reply briefs or to
be determined
based upon the
Court’s
availability)

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IT IS SO STIPULATED.
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STIPULATION TO EXTEND SCHEDUILE

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Case No. 3:14- 00238 VC

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Dated: June 25, 2014

FENWICK & WEST LLP

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By: /s/ Michael J. Sacksteder
Michael J. Sacksteder

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Attorneys for Plaintiff
Symantec Corporation

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Dated: June 25, 2014

HUDNELL LAW GROUP

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By: /s/ Lewis E. Hudnell, III
Lewis E. Hudnell, III

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Attorneys for Defendants
RPost Holdings, Inc. and
RPost Communications Limited

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ATTORNEY ATTESTATION

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I, Michael J. Sacksteder, attest that concurrence in the filing of this document has been

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obtained from any signatories indicated by a “conformed” signature (/s/) within this e-filed

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document. I declare under penalty of perjury under the laws of the United States of America that

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the foregoing is true and correct.

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Dated: June 25, 2014

FENWICK & WEST LLP

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By: /s/ Michael J. Sacksteder
Michael J. Sacksteder

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STIPULATION TO EXTEND SCHEDUILE

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Case No. 3:14- 00238 VC

PURSUANT TO STIPULATION, IT IS SO ORDERED. DISTRI
S

S
June 27, 2014
Dated: __________________

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UNIT
ED

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__________________________________
Honorable Vince Chhabria RDERED
O
United States IT IS SJudge IFIED
District O
Northern District AS MOD
of California

NO

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RT

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SAN FRANCISCO

ATTORNEYS AT LAW

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F ENWICK & W EST LLP

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this stipulation a binding ORDER of this Court.

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The Court, having reviewed the above stipulation and finding good cause therefor, renders

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ORDER ON THE FOREGOING STIPULATION

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STIPULATION TO EXTEND SCHEDULE

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Case No. 3:14- 00238 VC