Karl Storz Endoscopy-America, Inc. v. Stryker Corporation et al

Filing 110

STIPULATION AND ORDER ALTERING DEADLINES RELATED TO PATENT L.R. 4-4 AND 4-5(a). Signed by Judge Richard Seeborg on 1/7/15. (cl, COURT STAFF) (Filed on 1/7/2015)

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Alfredo A. Bismonte (Cal. Bar. No. 136154)
Kimberly P. Zapata (Cal. Bar. No. 138291)
Jeremy M. Duggan (Cal. Bar No. 229854)
Beck, Bismonte & Finley, LLP
150 Almaden Blvd, 10th Floor
San Jose, CA 95113
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Wesley W. Whitmyer, Jr. (pro hac vice)
Benjamin J. Lehberger (pro hac vice)
Benjamin C. White (pro hac vice)
ST. ONGE STEWARD JOHNSTON & REENS LLC
986 Bedford Street
Stamford, Connecticut 06905
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff, Karl Storz
Endoscopy-America, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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KARL STORZ ENDOSCOPYAMERICA, INC.,
Plaintiff,

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v.
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.,
Defendants.

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Case No. CV 14-00876 RS

STIPULATION AND [PROPOSED]
ORDER ALTERING DEADLINES
RELATED TO PATENT L.R. 4-4 AND 45(a)

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STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINES RELATED
TO PATENT L.R. 4-4 AND 4-5(a)
CASE NO. CV 14-00876 RS

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Pursuant to Civil Local Rules 6-1(b) and 7-12, Plaintiff Karl Storz Endoscopy-America, Inc.

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(“KSEA”) and Defendants Stryker Corporation and Stryker Communications, Inc. (collectively,

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“Stryker”), by and through their respective undersigned counsel, hereby stipulate to and jointly

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request that the deadline for taking discovery relating to claim construction and complying with

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Patent L.R. 4-4 be extended to February 27, 2015 and that the deadline for filing opening claim

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construction briefs and supporting evidence and comply with Patent L.R. 4-5(a) be moved to

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February 13, 2015. The accompanying declaration of Benjamin C. White sets forth all requirements

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of Civil Local Rule 6-2, including identifying all previous time modifications in the case. For the

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Court’s convenience, the Parties will not repeat all information contained in Mr. White’s declaration,

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but the Parties do note as follows:

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1. Under the current schedule, the deadline for the Parties to complete discovery relating

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to claim construction pursuant to Patent L.R. 4-4 is February 5, 2015 and the deadline for the Parties

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to file their opening claim construction briefs and supporting evidence pursuant to Patent L.R 4-5(a)

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is February 20, 2015. (Case Management Scheduling Order, Doc. 59.) The Parties jointly request

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that the schedule be adjusted so that the Parties’ opening claim construction briefs and supporting

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evidence be due before the close of claim construction discovery.

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construction discovery period more efficient and will provide the Parties with additional time to

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complete the discovery, which will include expert depositions. Accordingly, the Parties jointly

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request that the deadline for opening claim construction briefs and supporting evidence be moved to

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February 13, 2015 and the deadline for claim construction discovery be moved to February 27, 2015.

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Thus, the Parties’ request would move the deadline for opening claim construction briefs and

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supporting evidence earlier by one week and would extend the deadline for claim construction

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discovery by three weeks and one day.

This will make the claim

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2. This stipulated extension will not alter any other deadlines currently set by the Court.

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3. Pursuant to Civil Local Rule 6-2(a), this stipulation is accompanied by the Declaration

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of Benjamin C. White setting forth (1) the reasons for the requested enlargement of time; (2) all

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previous time modifications in this case; and (3) the effect of the requested enlargement of time.
STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINES RELATED
TO PATENT L.R. 4-4 AND 4-5(a)
CASE NO. CV 14-00876 RS

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Respectfully submitted,

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Dated: January 6, 2015

REED SMITH LLP

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/s/ William R. Overend _____________
William R. Overend (SBN 180209)
Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.

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Dated: January 6, 2015

BECK, BISMONTE & FINLEY, LLP

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/s/ Alfredo A. Bismonte 1 ____________
Alfredo A. Bismonte
Attorneys for Plaintiff,
KARL-STORZ ENDOSCOPY AMERICA, INC.

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1 In compliance with Civil Local Rule 5-1(i), I hereby attest that concurrence in the filing of this

document has been obtained from each of the other signatories hereto.
STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINES RELATED
TO PATENT L.R. 4-4 AND 4-5(a)
CASE NO. CV 14-00876 RS

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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The Parties have until February 13, 2015, to file their opening claim construction briefs
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and supporting evidence and to comply with Patent L.R. 4-5(a).
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The Parties have until February 27, 2015 to take discovery relating to claim construction
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and to comply with Patent L.R. 4-4.
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Dated: 1/7

, 2015

_
Honorable Richard G. Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINES RELATED
TO PATENT L.R. 4-4 AND 4-5(a)
CASE NO. CV 14-00876 RS

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