International Test Solutions, Inc v. MIPOX International Corporation et al

Filing 149

STIPULATION AND ORDER RE 148 to Continue Dates In Scheduling Order [Dkt. 127]. Further Case Management Conference previously set for 12/7/2017 continued to 5/10/2018 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Jury Selection/Trial p reviously set for 6/4/2018 continued to 12/10/2018 at 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Judge Richard Seeborg. Pretrial Conference previously set for 5/24/2018 continued to 11/29/2018 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 11/13/17. (cl, COURT STAFF) (Filed on 11/13/2017)

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WINSTON & STRAWN LLP
DAVID S. BLOCH (SBN: 184530)
[e-mail]
AMANDA L. GROVES (SBN: 187216)
[e-mail]
101 California Street, San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
JAMES C. LIN (SBN: 271673)
[e-mail]
275 Middlefield Rd., Suite 205
Menlo Park, CA 94025
Telephone: [phone]
Facsimile:
[phone]

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LOWELL D. JACOBSON (Pro Hac Vice)
[e-mail]
35 W. Wacker Dr., Chicago IL 60601
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
INTERNATIONAL TEST SOLUTIONS, INC.

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BARNES & THORNBURG LLP
THOMAS J. DONOVAN (Pro hac vice)
[e-mail]
MARK A. HAGEDORN (Pro hac vice)
[e-mail]
One N. Wacker Dr., Ste 4400, Chicago, IL 60606
Telephone:
[phone]
Facsimile:
[phone]
ROYA RAHMANPOUR (SBN 285076)
[e-mail]
2029 Century Park East, Ste 300, L.A., CA 90067
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
MIPOX CORP.,
MIPOX INTERNATIONAL CORP.,
and MGN INTERNATIONAL, INC.

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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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INTERNATIONAL TEST SOLUTIONS,
INC.
Plaintiff,
v.
MIPOX INTERNATIONAL CORPORATION,
MGN INTERNATIONAL, INC., and MIPOX
CORPORATION

Case No.: 3:16-cv-00791-RS
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DATES IN
SCHEDULING ORDER
Action Filed: February 17, 2016
Judge: Hon. Richard Seeborg

Defendants.
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN SCHEDULING ORDER - CASE
NO.: 3:16-CV-00791-RS

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MIPOX CORPORATION,
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v.

Counter-Plaintiff,

INTERNATIONAL TEST SOLUTIONS, INC.,
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Counter-Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN SCHEDULING ORDER - CASE
NO.: 3:16-CV-00791-RS

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Pursuant to Local Rules 6-2 and 7-12, Plaintiff International Test Solutions, Inc. (“ITS”) and

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Defendants Mipox International Corporation (“Mipox”), MGN International, Inc. (“MGN”), and

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Mipox Corporation (“Mipox Japan”) (collectively, “Parties”), through their respective undersigned

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counsel, hereby stipulate1 and request an order to continue the dates in the operating scheduling

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order (Dkt. No. 143) as set forth below. The efforts between the Parties to reach a settlement have

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been unsuccessful, and thus, the Parties request a continuance of dates in the scheduling order to

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allow enough time for discovery and trial to resume in this matter. The Parties are submitting a

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proposed schedule for the Court’s consideration. Accordingly, the Parties hereby stipulate through

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their respective counsel of record as follows:

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WHEREAS, on May 18, 2017, this Court entered the operating case management scheduling
order (Dkt. No. 127);

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WHEREAS, on August 1, 2017, the Parties participated in a mediation session in which the

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result was that the Parties believed that a settlement was likely imminent (Dkt. No. 135), and the

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Parties subsequently worked on finalizing a written settlement agreement to settle the case;

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WHEREAS, on September 1, 2017, the USPTO ordered that inter partes review is granted as
to claims 1-4 and 6 of U.S. Patent No. 8,801,869;

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WHEREAS, on September 8, 2017, the Parties stipulated to modifying the operating case
management scheduling order to focus on finalizing a written settlement agreement;

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WHEREAS, on September 11, 2017, the USPTO ordered that inter partes review is granted

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as to claims 2 and 6 of U.S. Patent No. 7,202,683 and that inter partes review is granted as to claims

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26 and 28 of U.S. Patent No. 6,777,966;

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WHEREAS, on October 18, 2017, ITS informed Mipox, MGN, and Mipox Japan that the
Parties are unable to come to an agreement to settle the case;

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The parties previously stipulated to extend time for disclosure of invalidity contentions (Dkt. No.
39), to extend time for the parties’ joint claim construction and prehearing statement (Dkt. No. 44),
to extend the time for filing of the opening claim construction brief (Dkt. No. 57), and to extend the
time for responsive and reply claim construction briefs (Dkt. No. 64). The Court previously granted
a Motion for Leave to Amend Complaint and continued the Markman hearing (Dkt. No. 70).
Magistrate Judge Spero granted the Parties’ request for continuances of a court-ordered meet and
confer relating to a discovery dispute issue. (Dkt. Nos. 137 and 141). Finally, the Court granted the
parties’ joint stipulation to continue dates in the scheduling order. (Dkt. No. 143).
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN SCHEDULING ORDER - CASE
NO.: 3:16-CV-00791-RS

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WHEREAS, ITS represents that several additional months of discovery is required for the

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Parties and the Court to properly assess the merits of this case, including additional time (a) to

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accommodate the additional foreign discovery through the Hague convention that is required for this

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case, such as seeking discovery from Mipox Japan’s Korean manufacturer and discovery from

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Mipox Japan’s Japanese supplier, (b) for ITS to take depositions of Mipox Japan, which Mipox

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Japan insists be taken in Japan, and (c) for Mipox, MGN, and Mipox Japan to depose ITS’s

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witnesses and to complete their discovery;

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IT IS HEREBY STIPULATED by and between the Parties hereto that the operating case
management scheduling order be modified as follows:

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Event

Current Deadline

Close of Fact Discovery
Exchange of Expert Reports
(From Party Having Burden of
Proof)
Rebuttal of Expert Reports
Close of Expert Discovery
Further Case Management
Conference
Deadline for filing Dispositive
Motions, including Daubert
Motions and Motions for
Preliminary Injunction
Hearing of Dispositive
Motions, including Daubert
Motions and Motions for
Preliminary Injunction
Pretrial Conference

November 28, 2017
December 28, 2017

Trial

Stipulated Proposed
Deadline
May 1, 2018
May 31, 2018

January 15, 2018
February 12, 2018
December 7, 2017 at 10:00
AM
February 16, 2018

June 28, 2018
August 3, 2018
May 10, 2018 at 10:00 AM

Thursday, March 29, 2018 at
1:30 PM

Thursday, October 11, 2018 at
1:30 PM

Thursday, May 24, 2018 at
10:00 AM
June __, 2018

Thursday, November 29, 2018
at 10:00 AM
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December __, 2018

August 31, 2018

at 9:00 am

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN SCHEDULING ORDER - CASE
NO.: 3:16-CV-00791-RS

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WINSTON & STRAWN LLP
By: /s/ David S. Bloch
Amanda L. Groves
David S. Bloch
Lowell D. Jacobson
James C. Lin
Attorneys for Plaintiff
International Test Solutions, Inc.

Date: November 9, 2017
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BARNES & THORNBURG LLP
By: /s/ Thomas J. Donovan
Thomas J. Donovan
Mark A. Hagedorn
Roya Rahmanpour
Attorneys for Defendants
Mipox Corporation, Mipox
International Corporation, and MGN
International, Inc.

Date: November 9, 2017

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CONCURRENCE IN FILING

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I, David S. Bloch, hereby attest that the concurrence to the filing of this document has been
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obtained from each signatory hereto.
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Date: November 9, 2017
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By: /s/ David S. Bloch
Davis S. Bloch

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Date: 11/13/17

By:
Richard Seeborg
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN SCHEDULING ORDER - CASE
NO.: 3:16-CV-00791-RS