Fox Factory, Inc. v. SRAM, LLC

Filing 81

ORDER re (61 in 3:16-cv-03716-WHO) JOINT STIPULATION TO AMEND THE DEADLINE FOR SUBMISSION OF FOX FACTORY' CLAIM CONSTRUCTION REPLY BRIEFS. Signed by Judge William H. Orrick on 08/23/2017. (jmdS, COURT STAFF) (Filed on 8/23/2017)

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Robert F. McCauley (SBN 162056)
[e-mail]
Erik R. Puknys (SBN 190926)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
Christopher B. McKinley (SBN 306087)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
FOX FACTORY, INC.

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Erick C. Howard (SBN 214107)
[e-mail]
SHARTSIS FRIESE LLP
One Maritime Plaza, Eighteenth Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Richard B. Walsh, Jr., pro hac vice
[e-mail]
Michael J. Hickey, pro hac vice
[e-mail]
Sara A. Milunski, pro hac vice
[e-mail]
LEWIS RICE LLC
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
SRAM, LLC

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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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FOX FACTORY, INC.,
Plaintiff,

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Defendant.

JOINT STIPULATION TO AMEND
THE DEADLINE FOR SUBMISSION
OF FOX FACTORY’S CLAIM
CONSTRUCTION REPLY BRIEFS;
[PROPOSED] ORDER

v.

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RELATED CASE NOS.
3:16-cv-00506-WHO AND
3:16-cv-03716-WHO

SRAM, LLC,

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JOINT STIPULATION AND [PROPOSED] ORDER
RELATED CASE NOS. 3:16-CV-00506-WHO
AND 3:16-CV-03716-WHO

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At the request of FOX Factory’s counsel, Plaintiff FOX Factory, Inc. and Defendant SRAM,

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LLC respectfully stipulate, with the Court’s permission, to continue the deadline for the submission

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of FOX Factory’s claim construction reply briefs, as provided below.

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FOX Factory requests that the deadline for the submission of its claim construction reply

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briefs be continued by two weeks, which will have no impact on the scheduled tutorial or claim

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construction hearings, and which will provide the Court with full briefing on claim construction

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more than six weeks before the tutorial and claim construction hearing. FOX Factory has requested

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this modification due to scheduling conflicts that have arisen for FOX’s counsel, including a series

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of client meetings in Europe for other matters and long-planned family vacations, and to facilitate

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scheduling meetings with FOX Factory’s expert. SRAM has agreed to FOX Factory’s proposed

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revised schedule (shown below).

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Accordingly, the parties’ stipulate and request that the Court modify the dates in the case
schedule as follows:
Event

Current Date

Proposed New Date

FOX Factory Reply Briefs

July 27, 2017

August 10, 2017

Tutorial

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September 22, 2017

September 29, 2017*

Claim Construction Hearing

September 29, 2017

No Change

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*The Court believes that a separate date for tutorial will not be necessary. Counsel may present a
brief tutorial beginning at 9:00 a.m. on 9/29/2017 and the proceed with the Claim Construction
Hearing.

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JOINT STIPULATION AND [PROPOSED] ORDER
RELATED CASE NOS. 3:16-CV-00506-WHO
AND 3:16-CV-03716-WHO

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Dated: July 24, 2017

Respectfully submitted,
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By: /s/ Jeffrey D. Smyth
Jeffrey D. Smyth
Attorneys for Plaintiff
FOX Factory, Inc.

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Dated: July 24, 2017

SHARTSIS FRIESE LLP

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By: /s/ Erick C. Howard
Erick C. Howard
Attorneys for Defendant
SRAM, LLC

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ATTESTATION

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Counsel for FOX Factory hereby attests by his signature below that concurrence in the filing
of this document was obtained from counsel for SRAM.

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Dated: July 24, 2017

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By: /s/ Jeffrey D. Smyth
Jeffrey D. Smyth
Attorneys for Plaintiff
FOX Factory, Inc.

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JOINT STIPULATION AND [PROPOSED] ORDER
RELATED CASE NOS. 3:16-CV-00506-WHO
AND 3:16-CV-03716-WHO

PROPOSED ORDER

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PURSUANT TO STIPULATION

, IT IS SO ORDERED.

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August 23, 2017
Dated: _____________________

________________________
The Honorable William H. Orrick
United States District Judge
Northern District of California

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JOINT STIPULATION AND [PROPOSED] ORDER
RELATED CASE NOS. 3:16-CV-00506-WHO
AND 3:16-CV-03716-WHO