Twin Peaks Software Inc. v. IBM Corporation

Filing 46

STIPULATION AND ORDER re 45 STIPULATION WITH PROPOSED ORDER to Modify Claim Construction Hearing Date filed by IBM Corporation. Signed by Judge Jon S. Tigar on October 27, 2015. (wsn, COURT STAFF) (Filed on 10/27/2015)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
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Robert W. Stone (CA Bar No. 163513)
[e-mail]
Andrew J. Bramhall (CA Bar No. 253115)
[e-mail]
Brice C. Lynch (CA Bar No. 288567)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
T: 650.801.5000
F: 650.801.5100

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Attorneys for IBM CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 TWIN PEAKS SOFTWARE INC.,
Plaintiff,

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vs.

CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION AND [PROPOSED]
ORDER TO MODIFY CLAIM
CONSTRUCTION HEARING DATE
PURSUANT TO CIVIL L.R. 6-2

15 IBM CORPORATION,
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Defendant.

Hon. Jon S. Tigar

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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION AND [PROPOSED] ORDER
TO MODIFY CLAIM CONSTRUCTION HEARING DATE PURSUANT TO CIVIL L.R. 6-2

STIPULATED MOTION TO MODIFY THE SCHEDULING ORDER

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Pursuant to Civil Local Rule 6-2, Plaintiff Twin Peaks Software Inc. (“Twin Peaks”) and

3 Defendant International Business Machines Corporation (“IBM”), by and through their respective
4 counsel of record, hereby stipulate and request that the Court enter an order to move the claim
5 construction hearing date, currently scheduled for December 8, 2015, (Dkt. No. 29), by one week
6 to December 15, 2015, or to the earliest date after December 15, 2015 that is amenable to the
7 Court (other than during the weeks of December 28, 2015 and January 4, 2016). In support of this
8 request, the parties state as follows:
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WHEREAS, lead counsel for IBM, Robert W. Stone, is unavailable to attend the claim

10 construction hearing on December 8, 2015 because Mr. Stone was just scheduled for oral
11 argument before the Federal Circuit in Washington, D.C. on December 9, 2015, TransPerfect
12 Global, Inc. v. MotionPoint Corporation, Case No. 2015-1165 (Fed. Cir.);
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WHEREAS, counsel for Twin Peaks and counsel for IBM met and conferred regarding

14 this issue, and counsel for Twin Peaks agreed to move the claim construction hearing date and has
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WHEREAS, counsel for both parties are unavailable during the weeks of December 28,

17 2015 and January 4, 2016;
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WHEREAS, counsel for both parties have further agreed that there is no need to move the

19 technical tutorial, currently scheduled for November 17, 2015, (Dkt. No. 29), unless the Court is
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WHEREAS, this is the third time the parties have sought to make modifications to the

22 Court’s scheduling order and, prior to this motion, IBM and Twin Peaks have made only three
23 requests to extend deadlines in this case (Dkt. Nos. 10, 33, and 40);
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WHEREAS, the parties’ request to move the claim construction hearing one week does not

25 affect the date of the technology tutorial (Nov. 17, 2015), nor does it reduce the time available to
26 the Court to review materials between the conclusion of claim construction briefing (Oct. 30,
27 2015) and the claim construction hearing. The proposed modifications also do not affect any
28 deadlines for filing or lodging materials with the Court;
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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION AND [PROPOSED] ORDER
TO MODIFY CLAIM CONSTRUCTION HEARING DATE PURSUANT TO CIVIL L.R. 6-2

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WHEREAS, the parties do not believe the extension sought hereby will prejudice either

2 party or result in undue delay;
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WHEREAS, counsel for IBM, Robert W. Stone, has submitted a supporting declaration

4 with this stipulation pursuant to Civil Local Rule 6-2(a);
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NOW THEREFORE, in consideration of the forgoing, IBM and Twin Peaks by and

6 through their undersigned counsel, hereby stipulate and request that the Court move the claim
7 construction hearing date, currently scheduled for December 8, 2015, (Dkt. No. 29), by one week
8 to December 15, 2015, or to the earliest date after December 15, 2015 that is amenable to the
9 Court (other than during the weeks of December 28, 2015 and January 4, 2016).
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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION AND [PROPOSED] ORDER
TO MODIFY CLAIM CONSTRUCTION HEARING DATE PURSUANT TO CIVIL L.R. 6-2

1 IT IS SO STIPULATED.
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DATED: October 27, 2015

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/ Andrew J. Bramhall
Andrew J. Bramhall
Attorney for Defendant International Business
Machines Corporation

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DATED: October 27, 2015

HAUSFELD LLP

By /s/ Bruce J. Wecker
Bruce J. Wecker
Attorneys for Plaintiff Twin Peaks Software Inc..

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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION AND [PROPOSED] ORDER
TO MODIFY CLAIM CONSTRUCTION HEARING DATE PURSUANT TO CIVIL L.R. 6-2

[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the Court hereby modifies the Scheduling Order as

3 follows: the claim construction hearing date, currently scheduled for December 8, 2015, is reset to
4 December 15, 2015.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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By
Honorable Jon S. Tigar
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UNITED STATES DISTRICT ga
Jon S. T JUDGE

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October 27,
DATED: __________________ 2015

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CASE NO. 3:14-cv-03933-JST
[PROPOSED] ORDER
TO MODIFY CLAIM CONSTRUCTION HEARING DATE PURSUANT TO CIVIL L.R. 6-2

FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i) regarding signatures, I, Andrew J. Bramhall, attest that

3 concurrence in the filing of this document has been obtained from each of the other signatories. I
4 declare under penalty of perjury under the laws of the United States of America that the foregoing
5 is true and correct.
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8 DATED: October 27, 2015
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By /s/ Andrew J. Bramhall
Andrew J. Bramhall
Attorney for Defendant International Business
Machines Corporation

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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION AND [PROPOSED] ORDER
TO MODIFY CASE DEADLINES PURSUANT TO CIVIL L.R. 6-2