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

Filing 185

STIPULATION AND ORDER RE 184 To Change The Date Of The Claim Construction Hearing And To Extend The Deadling To File Responsive Claim Construction Briefs. Claim Construction Hearing set for 6/6/2016 at 10:00 AM. Signed by Judge Richard Seeborg on 4/25/16. (cl, COURT STAFF) (Filed on 4/25/2016) Modified on 4/25/2016 (cl, COURT STAFF).

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Robert A. Surrette (pro hac vice)
Email: [e-mail]
Scott P. McBride (pro hac vice)
Email: [e-mail]
Carey J. Prill (SBN 269632)
Email: [e-mail]
Michael J. Carrozza (pro hac vice)
Email: [e-mail]
McANDREWS, HELD & MALLOY, LTD.
500 West Madison Street, 34th Floor
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]
William R. Overend (SBN 180209)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, California 94105-3659
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.
Additional counsel listed on signature page.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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KARL STORZ ENDOSCOPYAMERICA, INC.,

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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 TO CHANGE THE DATE OF
THE CLAIM CONSTRUCTION
HEARING AND TO EXTEND THE
DEADLING TO FILE RESPONSIVE
CLAIM CONSTRUCTION BRIEFS

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STIPULATION AND [PROPOSED] ORDER TO CHANGE THE DATE OF THE
CLAIM CONSTRUCTION HEARING AND TO EXTEND THE DEADLINE TO FILE
RESPONSIVE CLAIM CONSTRUCTION BRIEFS
CASE NO. CV 14-00876 RS

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Pursuant to Civil Local Rule 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 undersigned counsel, hereby stipulate to and jointly request the Court

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to (1) reschedule the Claim Construction Hearing to June 6, 2016 at 10:00 a.m., and (2) continue the

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deadline to file responsive claim construction briefs to May 13, 2016. The accompanying declaration

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of Michael J. Carrozza sets forth all requirements of Civil Local Rule 6-2, including identifying all

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previous time modifications in the case. For the Court's convenience, the Parties will not repeat all

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information contained in Mr. Carrozza's declaration, but the Parties do note as follows:

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1.

On April 22, 2016, the Clerk entered a Notice changing the date of the Technology

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Tutorial from May 9, 2016 to May 23, 2016 at 10:00 a.m., and changing the date of the Claim

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Construction Hearing from May 23, 2016 to May 27, 2016 at 10:00 a.m. (See Dkt. 183.)

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2.

On April 23, 2016, Defendants’ counsel contacted the Courtroom Deputy because the

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new May 27 date for the rescheduled Claim Construction Hearing posed a scheduling conflict for

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Defendants. After meeting and conferring with Plaintiff’s counsel, Defendants’ counsel proposed

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rescheduling the Claim Construction Hearing to June 6, 2016 at 10:00 a.m. The Courtroom Deputy

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stated that the Court was amenable to holding the Claim Construction Hearing at that date and time.

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3.

Additionally, in light of the Technology Tutorial and Claim Construction Hearing

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each being moved back by two weeks, the Parties also seek to extend the deadline for filing

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responsive claim construction briefs to May 13, 2016.

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4.

The Parties filed opening claim construction briefs on April 15, 2016 and are currently

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scheduled to file responsive claim construction briefs on April 29, 2016. Once the Technology

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Tutorial and Claim Construction Hearing were rescheduled, the Parties met and conferred and agreed

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that both parties could benefit from additional time to thoroughly review the other’s opening brief

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and prepare adequate responses thereto. The Parties also agreed to not calling live witnesses to

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testify at the Claim Construction Hearing.

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5.

Thus, the Parties hereby request (1) that the Claim Construction Hearing be

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rescheduled to June 6, 2016 at 10:00 a.m. and (2) that the deadline to file responsive claim

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construction briefs be rescheduled to May 13, 2016.
STIPULATION AND [PROPOSED] ORDER TO CHANGE THE DATE OF THE
CLAIM CONSTRUCTION HEARING AND TO EXTEND THE DEADLINE TO FILE
RESPONSIVE CLAIM CONSTRUCTION BRIEFS
CASE NO. CV 14-00876 RS

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6.

The stipulated changes will not alter any other deadlines currently set by the Court.

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7.

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

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of Michael J. Carrozza 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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Respectfully submitted,

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Dated: April 25, 2016

REED SMITH LLP

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/s/ William R. Overend1 ____________
William R. Overend

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Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.

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Dated: April 25, 2016

BECK, BISMONTE & FINLEY, LLP

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/s/ Alfredo A. Bismonte _____________
Alfredo A. Bismonte
Kimberly P. Zapata (Cal. Bar. No. 138291)
BECK, BISMONTE & FINLEY, LLP
150 Almaden Blvd, 10th Floor
San Jose, CA 95113
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Wesley W. Whitmyer Jr. (pro hac vice)
Michael J. Kosma (pro hac vice)
Michael A. Lavine (pro hac vice)
Robert D. Keeler (pro hac vice)
WHITMYER IP GROUP LLC
600 Summer Street
Stamford, Connecticut 06901

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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.

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STIPULATION AND [PROPOSED] ORDER TO CHANGE THE DATE OF THE
CLAIM CONSTRUCTION HEARING AND TO EXTEND THE DEADLINE TO FILE
RESPONSIVE CLAIM CONSTRUCTION BRIEFS
CASE NO. CV 14-00876 RS

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Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff,
KARL STORZ ENDOSCOPY-AMERICA,
INC.

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STIPULATION AND [PROPOSED] ORDER TO CHANGE THE DATE OF THE
CLAIM CONSTRUCTION HEARING AND TO EXTEND THE DEADLINE TO FILE
RESPONSIVE CLAIM CONSTRUCTION BRIEFS
CASE NO. CV 14-00876 RS

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:

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The Claim Construction Hearing is rescheduled to June 6, 2016 at 10:00 a.m.; and

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The deadline to file responsive Claim Construction Briefs is continued to May 13, 2016.

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Dated:___________________________, 2016
4/25/16

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_____________________________
Honorable Richard G. Seeborg,
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CHANGE THE DATE OF THE
CLAIM CONSTRUCTION HEARING AND TO EXTEND THE DEADLINE TO FILE
RESPONSIVE CLAIM CONSTRUCTION BRIEFS
CASE NO. CV 14-00876 RS

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