Word to Info Inc v. Google Inc

Filing 128

STIPULATED REQUEST TO MODIFY HEARING DATE AND BRIEFING SCHEDULE FOR WORD TO INFO, INC.S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS, Hearing date as to 116 MOTION to Amend/Correct INFRINGEMENT CONTENTIONS continued to 6/10/2016 10:00 AM in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick (to coincide with date of tutorial). Signed by Judge William H. Orrick on 04/18/2016. (jmdS, COURT STAFF) (Filed on 4/18/2016)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

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)

19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21
22

WORD TO INFO, INC.,

23
24
25
26
27

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

28
STIPULATED REQUEST

3:15-cv-03486-WHO

1

TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR COUNSEL OF

2

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

3
4

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

5

for May 11, 2016;
WHEREAS Defendant Google Inc. (“Google”) and WTI previously submitted a joint

6
7

stipulation (Dkt. 125) requesting a modification in the hearing date and briefing schedule for this

8

motion so that it could be heard together with a cross-motion to strike WTI’s infringement

9

contentions that Google informed WTI it intended to bring;
WHEREAS the Court granted this stipulation, as modified (Dkt. 126), and set the hearing

10
11

date for May 18, 2016; the due date for Google’s opposition to WTI’s motion to April 19, 2016;

12

and the due date for WTI’s reply to May 4, 2016;

13

WHEREAS counsel for Google is not available for a hearing on May 18, 2016;

14

WHEREAS counsel for Google contacted the calendar clerk on April 13, 2016, to inquire

15

about the Court’s schedule and the calendar clerk informed Google that the Court is not available

16

for the hearing on May 25 or June 1, 2016;
WHEREAS Google and WTI agree that hearing WTI’s Motion for Leave to Amend

17
18

Infringement Contentions and Google’s cross-motion to strike plaintiff’s infringement

19

contentions at the same time would be more efficient for both the Court and the parties and that a

20

modified hearing date of June 8, 2016, would permit these motions to be heard at the same time;
WHEREAS Google and WTI now request that the hearing date be moved to June 8,

21
22
23

2016;
WHEREAS, in the alternative, if more convenient for the Court, Google and WTI also

24

agree that the hearing date could be set for the same date as the claim construction tutorial

25

currently scheduled in this action, June 10, 2016;

26

WHEREAS Google and WTI agree that there is good cause for modifying the briefing

27

schedule for WTI’s Motion for Leave to Amend Infringement Contentions (Dkt. 116), and WTI

28

and Google now request that Google’s opposition to WTI’s Motion for Leave to Amend
-2STIPULATED REQUEST
3:15-cv-03486-WHO

1

Infringement Contentions be filed by Wednesday, April 27, 2016, and WTI’s reply in support of

2

WTI’s Motion for Leave to Amend Infringement Contentions be filed by Wednesday, May 18,

3

2016; and

4

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

5

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

6

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

7
8

hearing date for Plaintiff’s Motion for Leave to Amend Infringement Contentions be June 8,

9

2016, or in the alternative, at the Court’s preference, June 10, 2016; that Google’s opposition to

10

WTI’s Motion for Leave to Amend Infringement Contentions be due April 27, 2016; that WTI’s

11

reply in support of WTI’s Motion for Leave to Amend Infringement Contentions be due May 18,

12

2016.

13
14

Dated: April 14, 2016

15
16

Respectfully submitted,

17

By:

18
19
20
21
22
23
24
25
26
27

/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]

28
STIPULATED REQUEST

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]
-3-

3:15-cv-03486-WHO

1

Attorneys for Plaintiff
Word to Info, Inc.

2001 K Street, NW, Suite 500
Washington, DC 20006-1047
Telephone: [phone]
Facsimile: [phone]

2
3
4

PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP

5

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]

6
7
8
9
10
11

Attorneys for Defendant
Google Inc.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CIVIL L.R. 6-2 DECLARATION
In accordance with Civil Local Rule 6-2, I declare that good cause supports the parties’
stipulated request for modifying the hearing date for Plaintiff Word to Info, Inc.’s Motion for
Leave to Amend Infringement Contentions to June 8, 2016, or in the alternative at the Court’s
preference, June 10, 2016; setting the due date for Google’s opposition to WTI’s Motion for
Leave to Amend Infringement Contentions to April 27, 2016; and setting the due date for WTI’s
reply in support of WTI’s Motion for Leave to Amend Infringement Contentions to May 18,
2016. The requested modifications will permit Google Inc.’s forthcoming cross-motion to strike
Plaintiff’s infringement contentions and WTI’s Motion for Leave to Amend Infringement
Contentions to be heard at the same time.
The parties previously stipulated to an extension of time to the date of February 12, 2016,
for Facebook, Inc. to serve its Invalidity Contentions; the date of February 19, 2016, for Google
Inc. to serve its Invalidity Contentions; the date of February 26, 2016, for the Exchange of
Proposed Terms for Claim Construction; and the date of March 4, 2016, for the Exchange of
STIPULATED REQUEST

-4-

3:15-cv-03486-WHO

1

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

2

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

3

this stipulation on February 26, 2016.

4

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

5

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

6

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

7

order granting this stipulation on March 29, 2016.

8

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

9

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

10

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

11

The parties also previously agreed to modify the hearing date for WTI’s Motion for

12

Leave to Amend Infringement Contentions from May 11, 2016, to May 25, 2016; the due date

13

for Google’s opposition to that motion to April 19, 2016; and the due date for WTI’s reply in

14

support of that motion to May 4, 2016. The Court granted this stipulation, as modified, and set

15

the hearing date to May 18, 2016.

16

The current stipulated request does not change any other dates in the current schedule,

17

including the scheduled claim construction hearing on June 17, 2016, and does not accelerate or

18

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

19
20

DATED: April 14, 2016

21

/s/ James Razick
James Razick

22
23
24
25
26
27
28
STIPULATED REQUEST

-5-

3:15-cv-03486-WHO

FILER’S ATTESTATION

1
2
3

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

4
5

DATED: April 14, 2016
_/s/David Ball__________________

6
7
8
9
10

The hearing is set for the same date as the claim construction tutorial, June 10, 2016.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

11
12

Dated: April 18, 2016

13
_______________________________________
HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED REQUEST

-6-

3:15-cv-03486-WHO