e.Digital Corporation v. Dropcam, Inc.

Filing 70

STIPULATION AND ORDER re 68 STIPULATION WITH PROPOSED ORDER REQUESTING LEAVE TO FILE AMENDED JOINT CLAIM CONSTRUCTION STATEMENT AND NOTICE TO THE COURT REGARDING RESOLVED CLAIM CONSTRUCTION DISPUTES filed by Dropcam, Inc. Signed by Judge Jon S. Tigar on July 31, 2015. (wsn, COURT STAFF) (Filed on 7/31/2015)

1 ANTON HANDAL (Bar No. 113812)

PAMELA C. CHALK (Bar No. 216411)

2 GABRIEL HEDRICK (Bar No. 220649)
HANDAL & ASSOCIATES

3 750 B Street, Suite 2510

San Diego, California 92101
619.544.6400
Facsimile:
619.696.0323
E-Mail:
[e-mail]
[e-mail]
[e-mail]

4 Telephone:
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7 Attorneys for Plaintiff
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E.DIGITAL CORPORATION
STEFANI E. SHANBERG (State Bar No. 206717)

9 JENNIFER J. SCHMIDT (State Bar No. 295579)

MADELEINE E. GREENE (State Bar No. 263120)

10 WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

11 One Market Plaza

Spear Tower, Suite 3300

12 San Francisco, California 94105
Telephone:

13 Facsimile:
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E-Mail:

[phone]
[phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant

16 DROPCAM, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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20 E.DIGITAL CORPORATION,
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Plaintiff,
v.

23 DROPCAM, INC.,
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Defendant.

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JOINT STIP. REQUESTING LEAVE TO FILE AMEND.
JOINT CLAIM CONSTRUCTION STATEMENT AND
NOTICE
Case No. 3:14-cv-04922-JST

Case No. 3:14-cv-04922-JST
JOINT STIPULATION REQUESTING
LEAVE TO FILE AMENDED JOINT
CLAIM CONSTRUCTION STATEMENT
AND NOTICE TO THE COURT
REGARDING RESOLVED CLAIM
CONSTRUCTION DISPUTES

1

WHEREAS, Plaintiff e.Digital Corporation (“e.Digital”) and Defendant Dropcam, Inc.

2 (“Dropcam”) (collectively, the “Parties”) hereby make a stipulated request to amend the Joint
3 Claim Construction and Pre-Hearing Statement (Patent L.R. 4-3) (“Joint Statement”) (Dkt. No.
4 49) and hereby provide notice to the Court that certain claim construction disputes have been
5 resolved;
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WHEREAS, the Parties file this stipulation and notice in light of a mutual agreement

7 having been reached between the Parties regarding the construction of certain claim terms;
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WHEREAS, the Parties, having met and conferred, were able to reach a compromise with

9 respect to the claim terms “social template,” “unique social signature,” “optical sensor,” and
10 “accurate,” as set forth in the table below;
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Claim Term or Phrase

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“social template”

“data structure associated with a social hierarchy and one or
more social signatures”

“unique social signature”

“social signature associated with a specific social template at
the time of processing”

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“optical sensor”

plain and ordinary meaning

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“accurate”

“capable of desired processing”

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Agreed Construction

WHEREAS, during the meet and confer process, the Parties discussed compromise

18 constructions for the term “social signature” and, while the Parties were unable to fully resolve the
19 dispute, the Parties narrowed the dispute as set forth in the table below;
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Claim Term or
Phrase
“social signature”

Plaintiff’s Proposed
Construction
“raw or processed data and/or
other information based on
sensors”

Defendant’s Proposed
Construction
“combination of sensor data
indicative of a type of activity”

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WHEREAS, during the meet and confer process Dropcam proposed a compromise that the

25 term “information” be construed as “a report about the identified social signature” and Dropcam
26 anticipates it may be discussed at the hearing and, therefore, provides notice herein, however,
27 e.Digital objects to the Court considering this new construction on the ground it is untimely under
28
JOINT STIP. REQUESTING LEAVE TO FILE AMEND.
JOINT CLAIM CONSTRUCTION STATEMENT AND
NOTICE
CASE NO. 3:14-CV-04922-JST

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1 the Court’s Scheduling Order and Patent LR 4-2, 4-3 and 4-5, and reserves the right to raise
2 arguments not raised in its briefs in rebuttal should the Court be inclined to consider the same;
3

WHEREAS, the Parties also agree that neither will call witnesses at the Claim

4 Construction Hearing and that the Claim Construction Hearing can be completed in three (3),
5 rather than four (4), hours;
6

WHEREAS, the Parties make a stipulated request to amend the Joint Statement to reflect

7 mutual agreement having been reached regarding the construction of the claim terms “social
8 template,” “unique social signature,” “optical sensor,” and “accurate,” and to reflect the narrowing
9 of the dispute regarding the construction of the claim term “social signature,” as reflected in the
10 Proposed Amended Joint Claim Construction Statement and Pre-Hearing Statement (Patent L.R.
11 4-3), attached hereto as Exhibit A.
12

IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil Local Rule 6-1, by

13 e.Digital and Dropcam, through their respective counsel, that the Parties shall file an Amended
14 Joint Claim Construction Statement and Pre-Hearing Statement (Patent L.R. 4-3), attached hereto
15 as Exhibit A.
16

IT IS SO STIPULATED, through Counsel of Record.

17 Dated: July 30, 2015
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19

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

By:

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/s/ Madeleine E. Greene
Madeleine E. Greene

Attorneys for Defendant
DROPCAM, INC.

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23 Dated: July 30, 2015

HANDAL & ASSOCIATES

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/s/ Pamela C. Chalk
Pamela C. Chalk

By:

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Attorneys for Plaintiff
E.DIGITAL CORPORATION

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JOINT STIP. REQUESTING LEAVE TO FILE AMEND.
JOINT CLAIM CONSTRUCTION STATEMENT AND
NOTICE
CASE NO. 3:14-CV-04922-JST

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ORDER

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JOINT STIP. REQUESTING LEAVE TO FILE AMEND.
JOINT CLAIM CONSTRUCTION STATEMENT AND
NOTICE
CASE NO. 3:14-CV-04922-JST

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____________________________
ERED
O ORD Tigar
TheIHonorable Jon S.
T IS S
United States District Judge

LI

July 31, 2015
4 DATED: ______________________

UNIT
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2 PURSUANT TO STIPULATION, IT IS SO ORDERED. ATES
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ATTESTATION CLAUSE
I, Madeleine E. Greene, am the ECF User whose identification and password are being

3 used to file this Stipulation. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that
4 Pamela Chalk of Handal & Associates has concurred in this filing.
5
6 Dated: July 30, 2015

WILSON SONSINI GOODRICH & ROSATI

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Professional Corporation

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By:

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/s/ Madeleine E. Greene
Shanberg
Madeleine E. Greene

Attorneys for Defendant
DROPCAM, INC.

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JOINT STIP. REQUESTING LEAVE TO FILE AMEND.
JOINT CLAIM CONSTRUCTION STATEMENT AND
NOTICE
CASE NO. 3:14-CV-04922-JST

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CERTIFICATE OF SERVICE

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I hereby certify that on July 30, 2015, I electronically filed the foregoing with the Clerk

3 of the court using the CM/ECF system which will send notification of such filing to counsel of
4 record.
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By:

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JOINT STIP. REQUESTING LEAVE TO FILE AMEND.
JOINT CLAIM CONSTRUCTION STATEMENT AND
NOTICE
CASE NO. 3:14-CV-04922-JST

/s/ Madeleine E. Greene
Madeleine E. Greene