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

Filing 128

STIPULATION AND ORDER ALTERING PATENT L.R. 4-4 DEADLINE. Signed by Judge Richard Seeborg on 2/26/15. (cl, COURT STAFF) (Filed on 2/26/2015)

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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 DEADLINE
RELATED TO PATENT L.R. 4-4

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STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINE RELATED TO
PATENT L.R. 4-4
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 March 31, 2015. The accompanying declaration of Michael A. Lavine

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sets forth all requirements of Civil Local Rule 6-2, including identifying all previous time

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modifications in the case. For the Court’s convenience, the Parties will not repeat all information

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contained in Mr. Lavine’s declaration, 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 27, 2015. (Doc. 110.) Now that the

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deadline for the parties to file responsive claim construction briefs has been continued to April 8,

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2015 (Doc. 124), the Parties jointly request that the schedule be modified to provide the Parties with

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additional time to complete discovery relating to claim construction, which will include several

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expert depositions. This will make the claim construction discovery period more efficient, allow the

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Parties more flexibility to accommodate the schedules of their expert witnesses, and potentially avoid

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the expense of taking the depositions in the event that the Court grants Stryker’s Motion to Stay.

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Accordingly, the Parties jointly request that the deadline for claim construction discovery be moved

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to March 31, 2015. Thus, the Parties’ request would extend the deadline for claim construction

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discovery by four weeks and four days.

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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 Michael A. Lavine 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.

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STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINE RELATED TO
PATENT L.R. 4-4
CASE NO. CV 14-00876 RS

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Respectfully submitted,

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Dated: February 25, 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: February 25, 2015

BECK, BISMONTE & FINLEY, LLP

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/s/ Alfredo A. Bismonte1 ____________
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 DEADLINE RELATED TO
PATENT L.R. 4-4
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 March 31, 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: February 26

, 2015

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Honorable Richard G. Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER ALTERING DEADLINE RELATED TO
PATENT L.R. 4-4
CASE NO. CV 14-00876 RS

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