KHN Solutions Inc. v. Vertisense Inc.

Filing 70

ORDER by Judge Haywood S. Gilliam, Jr. Granting 69 Administrative Motion Administrative or Enlargement of Time re 67 Order Referring Case to Magistrate Judge for Settlement, 68 Clerk's Notice. (ndrS, COURT STAFF) (Filed on 11/7/2016)

FULMER WARE LLP
Pamela K. Fulmer (SB 154736)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
VENABLE LLP
Alper T. Ertas (SB 264120)
[e-mail]
505 Montgomery Street, Suite 1400
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Adam R. Hess (pro hac vice)
[e-mail]
575 Seventh Street, NW
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]
Attorneys for KHN SOLUTIONS, INC.
DURIE TANGRI LLP
CLEMENT S. ROBERTS (SBN 209203)
[e-mail]
TIMOTHY C. SAULSBURY (SBN 281434)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415-236-6300
Attorneys for Defendant VERTISENSE INC.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
KHN Solutions, Inc.

CASE NO. 3:16-cv-00962-HSG
Plaintiff,

STIPULATED MOTION FOR
ADMINISTRATIVE RELIEF RE
SCHEDULING OR IN THE
ALTERNATIVE STIPULATED
MOTION TO ENLARGE TIME

Defendant.

Judge:

v.
Vertisense Inc.

Hon. Haywood Gilliam

STIPULATED MOTION FOR ADMINISTRATIVE RELIEF RE SCHEDULING OR IN THE ALTERNATIVE
STIPULATED MOTION TO ENLARGE TIME

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Pursuant to Civil Local Rules 6, 7-11, and 7-12, Plaintiff KHN Solutions Inc.

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(“Plaintiff”) and Defendant Vertisense Inc. (“Defendant”) (collectively the “Parties”), by and

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through their counsel, submit this stipulated motion for administrative relief regarding

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scheduling or in the alternative stipulated motion to enlarge time.

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On October 18, 2016, the Parties submitted a Joint Case Management Statement and on

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October 25, 2015 the Court held the Initial Case Management Conference. See Dkt Nos. 65-66.

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Following the Initial Case Management Conference, the Court referred the case to Magistrate

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Judge Donna Ryu for a settlement and pre-settlement conference. See Dkt Nos. 67-68. The

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Court has not, at this time, provided a scheduling order governing the schedule in this case.

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However, Patent Local Rules require service of infringement contentions not later than 14-days

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after the initial Case Management Conference, service of invalidity contentions not later than 45-

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days after service of infringement contentions, and claim construction exchanges and briefing

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14-days after service of invalidity contentions. See Patent Local Rules 3-4. The Parties seek

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clarity regarding whether contention deadlines and claim construction deadlines under the Patent

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Local Rules still apply in light of the Court’s Order referring the case to Magistrate Judge Donna

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Ryu for settlement purposes. The parties understanding from the Case Management Conference

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and Order referring the case to Magistrate Judge Donna Ryu for settlement purposes, is that the

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Patent Local Rule deadlines do not currently apply, but in an abundance of caution bring this

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administrative motion for the Court’s guidance.

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In the alternative, the Parties seek to continue by 21-days Patent Local Rule and

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discovery deadlines and request an order enlarging the time to serve and submit discovery

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responses, infringement contentions, invalidity contentions, claim construction exchanges and

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briefing, and any other deadlines proscribed by the Civil and Patent Local Rules. To date, the

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Parties have previously stipulated to two time modifications in this case: the first to extend the

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time for Defendant Vertisense to file its answer to the complaint and the second to continue the

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Initial Case Management Conference by one week. This stipulated motion to enlarge time will

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conserve judicial resources and allow the Parties to finalize settlement without incurring the

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STIPULATED MOTION FOR ADMINISTRATIVE RELIEF RE SCHEDULING OR IN THE ALTERNATIVE
STIPULATED MOTION TO ENLARGE TIME

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costs of discovery, infringement contentions, invalidity contentions, and claim construction

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proceedings. The Parties are close to reaching an agreement in principle, and when executed, the

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agreement will settle all claims in this case. This enlargement of time will not affect the Court’s

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Order referring the case to Magistrate Judge Donna Ryu for settlement purposes or other

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scheduling order issued by the Court. Therefore, this stipulated time modification will not have

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an effect on the schedule for this case.

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WHEREAS, KHN and Vertisense have mutually agreed to a twenty one (21)-day
enlargement of time for service and submission of discovery responses, infringement

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contentions, invalidity contentions, claim construction exchanges and briefing proscribed by the

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Patent Local Rules.

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THEREFORE, it is hereby stipulated and agreed that the deadline for service of

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discovery responses will be continued by twenty one (21)-days from their current due dates, the

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deadline for service of infringement contentions is continued from November 8, 2016 to

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November 29, 2016, the deadline for service of invalidity contentions is continued from

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December 23, 2016 to January 13, 2016, and the deadline for claim construction exchanges and

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briefing is continued to follow the Patent Local Rules in accordance with the new deadlines set

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for infringement and invalidity contentions.

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Dated: November 7, 2016

FULMER WARE LLP
VENABLE LLP
By:
/s/ Alper T. Ertas

PAMELA K. FULMER
ALPER T. ERTAS
ADAM R. HESS (PRO HAC VICE)
Attorneys for Plaintiff
KHN SOLUTIONS, INC.

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STIPULATED MOTION FOR ADMINISTRATIVE RELIEF RE SCHEDULING OR IN THE ALTERNATIVE
STIPULATED MOTION TO ENLARGE TIME

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Dated: November 7, 2016

DURIE TANGRI LLP

By: /s/ Timothy C. Saulsbury
CLEMENT S. ROBERTS
TIMOTHY C. SAULSBURY
Attorneys for Defendant
VERTISENSE INC.

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STIPULATED MOTION FOR ADMINISTRATIVE RELIEF RE SCHEDULING OR IN THE ALTERNATIVE
STIPULATED MOTION TO ENLARGE TIME

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ORD
DER

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The Court, having read and co
C
g
onsidered th e Stipulation to continue the deadlin for
n
e
nes

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ervice and su
ubmission of discovery responses, in
f
r
nfringement contentions invalidity c
s,
contentions,
se

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an claim con
nd
nstruction ex
xchanges and briefing, an finding g
d
and
good cause, h
hereby order as
rs

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fo
ollows:

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PURS
SUANT TO STIPULATION, IT IS S ORDER
SO
RED

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The deadline for service of discovery resp
d
s
ponses will b continued by 21-days the
be
d
s,

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s
fringement contentions w be conti
c
will
inued to Nov
vember 29, 2016, the
deadline for service of inf

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s
validity cont
tentions will be continue to Januar 13, 2017, and the
l
ed
ry
,
deadline for service of inv

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s
aim
ction exchan
nges and brie
efing will be continued i
e
in
deadline for service of cla construc

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ccordance with the new deadlines fo contention and the Pa
w
or
ns
atent Local R
Rules.
ac

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Dated: November 7, 2016
D

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____
__________
___________
__________
___________
_
HON
NORABLE HAYWOOD S. GILLIA JR.
D
AM,
Unite States District Judge
ed

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STIPULATED MOTION FO ADMINIST
D
OR
TRATIVE RE LIEF RE SCH
HEDULING OR IN THE ALT
R
TERNATIVE
STIPULAT
TED MOTION TO ENLARG TIME
N
GE

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CERTIFICATE OF SERVICE

I hereby certify that on November 7, 2016 the within document was filed with the
Clerk of the Court using CM/ECF which will send notification of such filing to the
attorneys of record in this case.
/s/ Alper T. Ertas
Alper T. Ertas

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STIPULATED MOTION FOR ADMINISTRATIVE RELIEF RE SCHEDULING OR IN THE ALTERNATIVE
STIPULATED MOTION TO ENLARGE TIME