Whitecryption Corporation v. Arxan Technologies, Inc.

Filing 45

ORDER granting 44 STIPULATION to Continue Case Deadlines. Fact discovery cutoff: 7/15/2016. Dispositive motions to be heard by 11/9/2016. Pretrial Conference set for 1/23/2017 02:00 PM and Jury Trial set for 2/27/2017 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 12/21/2015. (jmdS, COURT STAFF) (Filed on 12/21/2015)

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MICHAEL T. JONES (SBN 290660)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant/Counter-Claimant:
ARXAN TECHNOLOGIES, INC.

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RAJIV DHARNIDHARKA (SBN 234756)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel.: [phone]
Fax.: [phone]

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Attorneys for Plaintiff/ CounterclaimDefendants: WHTIECRYPTION CORPORATION AND
INTERTRUST TECHNOLOGIES, CORPORATION

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[ADDITIONAL COUNSEL LISTED IN SIGNATURE
BLOCK]

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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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WHITECRYPTION CORPORATION,

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Plaintiff,

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v.
ARXAN TECHNOLOGIES, INC.,
Defendant.

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ARXAN TECHNOLOGIES, INC.,

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Case No. 3:15-CV-00754-WHO
STIPULATION AND
ORDER TO CONTINUE CASE
DEADLINES
Date:
Time:
Courtroom:
Judge:

N/A
N/A
02
Hon. William H. Orrick
450 Golden Gate Avenue
San Francisco, CA

Counter-Claimant,
v.
WHITECRYPTION CORPORATION; and
INTERTRUST TECHNOLOGIES
CORPORATION
Counter-Defendants.

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STIPULATION & ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO

Plaintiff and cross-defendants whiteCryption Corporation (“whiteCryption”) and Intertrust

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Technologies Corporation (“Intertrust”) and defendant and counterclaimant Arxan Technologies,

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Inc. (“Arxan”) stipulate and agree as follows:
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On February 18, 2015, whiteCryption initiated the above-captioned action against

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2.

Arxan answered and counterclaimed against whiteCryption and Intertrust on April

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10, 2015.

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3.

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Arxan.

Between May and June 2015, the parties engaged in motion practice regarding the

counterclaims, and on June 18, 2015, the Court granted Intertrust’s motion to dismiss with leave to
amend.
4.

On June 17, 2015, the Court issued a Civil Pretrial Order setting the deadlines in

this action. ECF No. 35.
5.

From June through December 2015, the parties have cooperated on a phased

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discovery effort to facilitate settlement discussions. The parties, for example, have exchanged

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several document productions, retained software code comparison experts, and completed code

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comparisons in an effort to identify and narrow issues for settlement discussions. Document

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discovery, however, is not complete, nor have the parties yet taken any depositions, in favor of the

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targeted approach described above in the lead up to a settlement discussion.

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6.

On November 2, 2015, the Court granted the parties’ request for a settlement

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conference with a magistrate judge and ordered that the parties appear for a conference on January

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5, 2016.

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7.

In light of the settlement conference and likely continued settlement discussions

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after the conference if the parties are unable to reach complete resolution on January 5, 2016, the

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parties agree that continuing all case deadlines by approximately ninety (90) days would assist in

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the parties settlement efforts, as well as conserve the parties’ and the Court’s resources.

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8.

Neither party has previously requested an extension or modification of any

deadlines in the Civil Pretrial Order.

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1
STIPULATION AND ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO

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Therefore, the parties stipulate and agree, subject to the court’s approval, that all case
deadlines be extended by approximately ninety (90) days as follows:

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Current Deadline

Proposed Deadline

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Deadline to amend/add parties

December 31, 2015

March 31, 2016

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Fact discovery cutoff

April 15, 2016

July 15, 2016

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Expert disclosure

April 29, 2016

July 29, 2016

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Expert rebuttal

May 20, 2016

August 22, 2016

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Expert discovery cutoff

June 10, 2016

September 12, 2016

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Dispositive Motions heard by

August 10, 2016

November 9, 2016

Pretrial Conference

October 7, 2016

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January 23, 2017 (or as the

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Court’s calendar allows)

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Trial (jury)

November 14, 2016

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February 27, 2017 (or as the
Court’s calendar allows)

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Respectfully submitted,

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By: /s/Michael T. Jones
MICHAEL T. JONES (SBN 290660)
[e-mail]
HONG-AN VU (SBN 266268)
[e-mail]
APRIL SUN (SBN 291633)
[e-mail]

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GOODWIN PROCTER LLP

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Attorneys for Defendant/Counter-Claimant:
ARXAN TECHNOLOGIES, INC.

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Dated: December 18, 2015

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STIPULATION AND ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO

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Respectfully submitted,
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Dated: December 18, 2015

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By: /s/Rajiv Dharnidharka
RAJIV DHARNIDHARKA
[e-mail]
TODD NOONAN
[e-mail]
DEBORAH E. MCCRIMMON
[e-mail]

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DLA PIPER, LLP (US)

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Attorneys for Plaintiff and CounterclaimDEFENDANTS: WHTIECRYPTION CORPORATION
AND INTERTRUST TECHNOLOGIES, CORPORATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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December 21, 2015
Dated: ____________________
HON. WILLIAM H. ORRICK
UNITED STATED DISTRICT COURT JUDGE

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STIPULATION AND ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO