Twin Peaks Software Inc. v. IBM Corporation

Filing 54

STIPULATION AND ORDER re 53 JOINT STIPULATION WITH PROPOSED ORDER Requesting Leave To File First Amended Joint Claim Construction Statement filed by IBM Corporation. Signed by Judge Jon S. Tigar on December 14, 2015. (wsn, COURT STAFF) (Filed on 12/14/2015)

1 BRUCE J. WECKER (CA Bar. No. 078530)
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[e-mail]
CHRISTOPHER L. LEBSOCK (CA Bar.
No.184546)
[e-mail]
HAUSFELD LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff Twin Peaks Software
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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]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
T: 650.801.5000
F: 650.801.5100
Attorneys for Defendant 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

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TWIN PEAKS SOFTWARE INC.,

CASE NO. 3:14-cv-03933-JST

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Plaintiff,

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vs.

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IBM CORPORATION,

JOINT STIPULATION REQUESTING
LEAVE TO FILE FIRST AMENDED
JOINT CLAIM CONSTRUCTION
STATEMENT

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Defendant.

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Hon. Jon S. Tigar

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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION REQUESTING LEAVE TO FILE
FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT

JOINT STIPULATION

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Plaintiff Twin Peaks Software Inc. (“Twin Peaks”) and Defendant International Business

3 Machines Corporation (“IBM”), by and through their respective counsel of record, hereby make a
4 stipulated request to amend the Joint Claim Construction and Pre-Hearing Statement (Patent L.R.
5 4-3) (“Joint Statement”) (Dkt. No. 39) and hereby provide notice to the Court that certain claim
6 construction disputes have been resolved;
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WHEREAS, the Parties file this stipulation and notice in light of a mutual agreement

8 having been reached between the Parties resolving certain issues raised during claim construction
9 briefing and discovery;
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WHEREAS, counsel for the Parties, having met and conferred, agreed to amend the Joint

11 Statement to reflect (1) IBM’s indefiniteness arguments and alternative constructions for certain
12 terms in claims 1 and 4 of U.S. Patent No. 7,418,439 (‘the ‘439 Patent), and (2) Twin Peaks’
13 withdrawal of its assertion of claim 2 of the ‘439 patent against IBM;
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WHEREAS, the Parties have not previously amended or otherwise modified the Joint

15 Statement filed on July 15, 2015;
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WHEREAS, at the Technical Tutorial on November 17, 2015, the Parties informed the

17 Court that they would be filing an Amended Joint Claim Construction Statement and Pre-Hearing
18 Statement that would identify the terms to be construed and provide an order in which those terms
19 would be argued at the Markman hearing;
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WHEREAS, the Parties make a stipulated request for the Court to grant leave to file the

21 Proposed First Amended Joint Claim Construction Statement and Pre-Hearing Statement (Patent
22 L.R. 4-3), attached hereto as Exhibit A.
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IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil Local Rule 6-1, by

24 Twin Peaks and IBM, through their respective counsel, that the Parties shall file the First
25 Amended Joint Claim Construction Statement and Pre-Hearing Statement (Patent L.R. 4-3),
26 attached hereto as Exhibit A.
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CASE NO. 3:14-cv-03933-JST
JOINT STIPULATION REQUESTING LEAVE TO FILE
FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT

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DATED: December 11, 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: December 11, 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 REQUESTING LEAVE TO FILE
FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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ER

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Ti ga r

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J u d ge J o

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By
Honorable Jon S. Tigar
UNITED STATES DISTRICT JUDGE

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ERED

ORD
T IS SO

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December 14,
DATED: __________________ 2015

UNIT
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Case No. 3:14-cv-03933-JST
[PROPOSED] ORDER

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FILER’S ATTESTATION
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: December 11, 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
FILER’S ATTESTATION