Word to Info Inc v. Google Inc

Filing 126

ORDER granting, as modified 125 STIPULATION TO MODIFY HEARING DATE AND BRIEFING SCHEDULE as to 116 MOTION to Amend/Correct INFRINGEMENT CONTENTIONS. Motion Hearing set for 5/18/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 04/12/2016. (jmdS, COURT STAFF) (Filed on 4/12/2016)

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PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
Nicholas Groombridge (admitted pro hac vice)
[e-mail]
Jenny C. Wu (admitted pro hac vice)
[e-mail]
1285 Avenue of the Americas
New York, NY 10019-6064
Telephone: [phone]
Facsimile: [phone]
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
David J. Ball Jr. (admitted pro hac vice)
[e-mail]
David K. Stark (SBN 279089)
[e-mail]
2001 K Street, NW, Suite 500
Washington, DC 20006-1047
Telephone: [phone]
Facsimile: [phone]
DURIE TANGRI LLP
Sonal N. Mehta (SBN 222086)
[e-mail]
Alexandra H. Moss (SBN 302641)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GOOGLE INC.
(additional counsel listed on signature page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WORD TO INFO, INC.,

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Case No. 3:15-cv-03486-WHO

Plaintiff,
v.
GOOGLE INC.
Defendant.

STIPULATED REQUEST TO MODIFY
HEARING DATE AND BRIEFING
SCHEDULE FOR WORD TO INFO,
INC.’S MOTION FOR LEAVE TO
AMEND INFRINGEMENT
CONTENTIONS

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STIPULATED REQUEST

3:15-cv-03486-WHO

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TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR COUNSEL OF

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RECORD HEREIN:
WHEREAS Plaintiff Word to Info, Inc. (“Plaintiff”) filed its Motion for Leave to Amend

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Infringement Contentions (Dkt. 116) on Thursday, March 31, 2016, and noticed a hearing date

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for May 11, 2016;
WHEREAS under this schedule, Defendant Google Inc.’s (“Google”) opposition to

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Plaintiff’s motion would be due by Thursday, April 14, 2016, and Plaintiff’s reply would be due

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Thursday, April 21, 2016;
WHEREAS Google has informed Plaintiff that Google intends to submit a cross-motion

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to strike Plaintiff’s infringement contentions;
WHEREAS Google and Plaintiff agree that hearing these motions at the same time would

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be more efficient for both the Court and the parties and that a modified hearing date of May 25,

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2016, would permit these motions to be heard at the same time;
WHEREAS Google and Plaintiff now request that the hearing date for Plaintiff’s motion

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be moved to May 25, 2016;
WHEREAS Google and Plaintiff agree that there is good cause for modifying the

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briefing schedule for Plaintiff’s Motion for Leave to Amend Infringement Contentions (Dkt.

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116) to facilitate briefing and hearing that motion and Google’s cross-motion at the same time;
WHEREAS Plaintiff and Google now request that Google’s opposition to Plaintiff’s

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motion be filed by Tuesday, April 19, 2016, and Plaintiff’s reply be filed by Wednesday May 4,

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2016;

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WHEREAS the parties’ stipulation does not change any other dates in the current

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schedule and does not accelerate or extend any other time frames set in the Local Rules or in the

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Federal Rules;

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IT IS STIPULATED AND REQUESTED that, subject to the Court’s approval, the

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hearing date for Plaintiff’s Motion for Leave to Amend Infringement Contentions be May 25,

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2016; that Google’s opposition to Plaintiff’s motion be due April 19, 2016; and that Plaintiff’s

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reply be due May 4, 2016.
STIPULATED REQUEST

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3:15-cv-03486-WHO

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Dated: April 12, 2016

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Respectfully submitted,

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By:

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/s/ Steve Daniels
Steven R. Daniels

Steven R. Daniels (CA Bar 235398)
George W. Webb III (admitted pro hac vice)
Jonathan D. Baker (CA Bar 196062)
Michael D. Saunders (CA Bar 259692)
Gurtej Singh (CA Bar 286547)
FARNEY DANIELS LLP
411 Borel Ave., Suite 350
San Mateo, CA 94402
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Word to Info, Inc.

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By: /s/ Nicholas Groombridge
Nicholas Groombridge
DURIE TANGRI LLP
Sonal N. Mehta (SBN 222086)
[e-mail]
Alexandra H. Moss (SBN 302641)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP
David J. Ball Jr. (admitted pro hac vice)
[e-mail]
David K. Stark (SBN 279089)
[e-mail]
2001 K Street, NW, Suite 500
Washington, DC 20006-1047
Telephone: [phone]
Facsimile: [phone]
PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP

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Nicholas Groombridge (admitted pro hac
vice)
[e-mail]
Jenny C. Wu (admitted pro hac vice)
[e-mail]
1285 Avenue of the Americas
New York, NY 10019-6064
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Google Inc.

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STIPULATED REQUEST

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3:15-cv-03486-WHO

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CIVIL L.R. 6-2 DECLARATION

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In accordance with Civil Local Rule 6-2, I declare that good cause supports the parties’

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stipulated request for modifying the hearing date for Plaintiff Word to Info, Inc.’s Motion for

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Leave to Amend Infringement Contentions to May 25, 2016; the due date for Google Inc.’s

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opposition to that motion to April 19, 2016; and the due date for Word to Info, Inc.’s reply to

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May 4, 2016. The requested modifications will permit Google Inc.’s forthcoming cross-motion

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to strike Plaintiff’s infringement contentions to be heard at the same time.

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The parties previously stipulated to an extension of time to the date of February 12, 2016,

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for Facebook, Inc. to serve its Invalidity Contentions; the date of February 19, 2016, for Google

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Inc. to serve its Invalidity Contentions; the date of February 26, 2016, for the Exchange of

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Proposed Terms for Claim Construction; and the date of March 4, 2016, for the Exchange of

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Preliminary Constructions because Plaintiff and Defendant Google Inc. were meeting and

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conferring regarding Plaintiff’s Infringement Contentions. The Court entered its order granting

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this stipulation on February 26, 2016.

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The parties subsequently agreed to the date of March 18, 2016, for the Exchange of

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Preliminary Constructions and the date of April 1, 2016, for the submission of the parties’ Joint

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Claim Construction and Prehearing Statement pursuant to Patent L.R. 4-3. The Court entered its

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order granting this stipulation on March 29, 2016.

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The parties then agreed to the date of April 8, 2016, for the submission of the parties’

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Joint Claim Construction and Prehearing Statement pursuant to Patent L.R. 4-3. The Court

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entered its order granting this stipulation on April 4, 2016.

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The current stipulated request to modify the hearing date for Plaintiff’s motion as well as

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associated briefing dates does not change any other dates in the current schedule, including the

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scheduled claim construction hearing on June 17, 2016, and does not accelerate or extend any

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other time frames set in the Local Rules or in the Federal Rules.

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DATED: April 12, 2016

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STIPULATED REQUEST

/s/ James Razick
James Razick
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3:15-cv-03486-WHO

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), David Ball, hereby attests that the above-named
signatories concur in this filing.

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DATED: April 12, 2016
_/s/David Ball__________________

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shall be May 18, 2016 at 2:00 p.m.

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PURSUANT TO STIPULATION, IT IS SO ORDER

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April 12, 2016
Dated:_______________________

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_______________________________________
HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATED REQUEST

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3:15-cv-03486-WHO