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

Filing 64

STIPULATION AND ORDER to Extend Time for Responsive and Reply Claim Construction Briefs. Signed by Judge Richard Seeborg on 12/9/16. (cl, COURT STAFF) (Filed on 12/9/2016)

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BARNES & THORNBURG LLP
Thomas J. Donovan (admitted pro hac vice)
[e-mail]
Roya Rahmanpour Bar, No. 285076
[e-mail]
2029 Century Park East, Suite 300
Los Angeles, California 90067
Telephone:
310. 284.3880
Facsimile:
310. 284.3894
Attorneys for Defendants
MIPOX INTERNATIONAL CORP.
and MGN INTERNATIONAL, INC.

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WINSTON & STRAWN LLP
DAVID S. BLOCH (SBN: 184530)
[e-mail]
AMANDA L. GROVES (SBN: 187216)
[e-mail]
101 California Street, Suite 3400
San Francisco, CA 94111-5840
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]
JAMES C. LIN (SBN: 271673)
[e-mail]
275 Middlefield Rd., Suite 205
Menlo Park, CA 94025
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
INTERNATIONAL TEST SOLUTIONS, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
Case No.: 3:16-cv-00791-RS

INTERNATIONAL TEST SOLUTIONS,
INC.
Plaintiff,
v.

STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
RESPONSIVE AND REPLY CLAIM
CONSTRUCTION BRIEFS

MIPOX INTERNATIONAL CORPORATION
and MGN INTERNATIONAL, INC.

Action Filed: February 17, 2016

Defendants.

Judge: Honorable Richard Seeborg
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
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”) and MGN International, Inc. (“MGN”)

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(collectively, “Parties”), through their respective undersigned counsel, hereby stipulate1 and request

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an order:
1. Extending the due date for Defendants’ L.P.R 4-5(b) responsive claim construction brief

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from December 19, 2016 to January 16, 2017.

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2. Extending the due date for Plaintiff’s L.P.R. 4-5(c) reply claim construction brief from

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December 27, 2016 to January 23, 2017.

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3. Permitting Defendants to conduct a deposition of Darran Cairns and extending the close of

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claim construction discovery, for the limited purpose of conducting this deposition, from

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October 26, 2016 to December 30, 2016.

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This extension of time is requested as part of a resolution of a dispute between the Parties

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regarding Plaintiff’s rebuttal expert report from Darran Cairns. In connection with resolving this

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dispute, the Parties agreed, among other things, that ITS will make available Dr. Cairns for

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deposition on the week of December 19, 2016.

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Accordingly, the Parties hereby stipulate through their respective counsel of record as
follows:

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WHEREAS, the Parties served and filed the Joint Claim Construction and Prehearing

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Statement on October 10, 2016, and Plaintiff served its Opening Claim Construction Brief on

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December 5, 2016; and
WHEREAS, a dispute between the Parties has arisen regarding the rebuttal expert report of

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Dr. Cairns included with Plaintiff’s Opening Claim Construction Brief;
WHEREAS, the Parties have resolved the dispute and, based on the resolution, Defendants

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will need additional time to conduct their deposition of Dr. Cairns;
WHEREAS, extending the deadline as set forth herein will not otherwise extend the

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remaining schedule for 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),
and to extend the time for filing of the opening claim construction brief (Dkt. No. 56).
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
CASE NO.: 3:16-CV-00791-RS

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IT IS HEREBY STIPULATED by and between the Parties hereto that:
1. The due date for Defendants’ L.P.R 4-5(b) responsive claim construction brief is extended

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from December 19, 2016 to January 16, 2017.
2. The due date for Plaintiff’s L.P.R. 4-5(c) reply claim construction brief is extended from
December 27, 2016 to January 23, 2017.

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3. Defendants are permitted to conduct a deposition of Darran Cairns. The close of claim

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construction discovery is extended for the limited purpose of conducting this deposition from

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October 26, 2016 to December 30, 2016.

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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: December 9, 2016

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BARNES & THORNBURG LLP

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By: /s/ Thomas J. Donovan
Thomas J. Donovan
Roya Rahmanpour
Attorneys for Defendants
Mipox International Corporation and
MGN International, Inc.

Date: December 9, 2016
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CONCURRENCE IN FILING

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I, Thomas Donovan, hereby attest that the concurrence to the filing of this document has

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been obtained from each signatory hereto.

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Date: December 9, 2016

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By: /s/ Thomas J. Donovan
Thomas J. Donavan

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date:

12/9/16

By:

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Richard Seeborg
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
CASE NO.: 3:16-CV-00791-RS