Hunter Douglas Inc. et al v. Ching Feng Home Fashions Co., Ltd.

Filing 78

STIPULATION AND ORDER RE 77 to Enlarge Time for Defendant to Serve Invalidity Contentions. Signed by Judge Richard Seeborg on 7/20/17. (cl, COURT STAFF) (Filed on 7/20/2017)

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Harold H. Davis, Jr. (SBN 235552)
[e-mail]
Timothy P. Walker (SBN 105001)
[e-mail]
Rachel E. Burnim (SBN 292952)
[e-mail]
Peter E. Soskin (SBN 280347)
[e-mail]
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
Jay C. Chiu (SBN 205385)
[e-mail]
K&L GATES LLP
1 Park Plaza
Twelfth Floor
Irvine, CA 92614
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant Ching Feng Home
Fashions Co., Ltd.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUNTER DOUGLAS INC., et al.,
Plaintiffs,

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vs.

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CHING FENG HOME FASHIONS CO., LTD.,

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Case No.

3:17-cv-01069-RS

JOINT STIPULATION AND [PROPOSED]
ORDER TO ENLARGE TIME FOR
DEFENDANT CHING FENG HOME
FASHIONS CO., LTD. TO SERVE
INVALIDITY CONTENTIONS

Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR
DEFENDANT TO SERVE INVALIDITY CONTENTIONS 3:17-CV-01069-RS

WHEREAS, Plaintiffs Hunter Douglas, Inc., and Andrew J. Toti Testamentary Trust

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(“Plaintiffs”) served their infringement contentions in the above-captioned matter on June 6, 2017;

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WHEREAS, Defendant Ching Feng Home Fashions Co., Ltd. (“Defendant”) objected to

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certain aspects of Plaintiffs’ infringement contentions, including, but not limited to: (1) Plaintiffs’

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contentions fail to identify specific products and specific claims they infringe; (2) the infringement

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contentions fail to provide adequate detail as to certain specific infringement contentions; (3)

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Plaintiffs’ doctrine of the equivalents contentions are improper boilerplate; (4) Plaintiffs have not

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identified any of their own products which practice the claimed inventions;

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WHEREAS, Defendant has met and conferred with Plaintiffs regarding the objections above;

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WHEREAS, Plaintiffs agree to amend their infringement contentions to identify the specific

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claims that the previously identified products infringe, and to identify their own products which

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practice the claimed inventions, and to amend one infringement contention relating to the ’051

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patent;

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WHEREAS, Plaintiffs do not agree, at this time, to amend their infringement contentions

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related to their doctrine of equivalents contentions as they believe they have provided the required

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information at this early stage of litigation, but reserve their rights to amend their doctrine of

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equivalents contentions pursuant to the Local Rules;

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WHEREAS, the parties agree that Plaintiffs shall move to amend their infringement
contentions by July 28, 2017;
WHEREAS, Defendant does not oppose Plaintiffs’ motion to amend their infringement
contentions as described herein;

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WHEREAS, Defendant does not waive its right to move to strike Plaintiffs’ infringement

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contentions regarding the doctrine of equivalents or other deficiencies therein, and/or move to

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exclude the same at trial;

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WHEREAS, the parties agree that Defendant’s invalidity contentions, currently due July 24,

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2017, shall now be due three weeks from the date this Court issues an order on Plaintiffs’ motion to

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amend their infringement contentions;

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JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR
DEFENDANT TO SERVE INVALIDITY CONTENTIONS 3:17-CV-01069-RS

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THEREFORE, pursuant to Civil L. R. 6-1 and 6-2 of the Northern District of California,

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Plaintiffs and Defendant hereby stipulate that Defendant’s invalidity contentions are no longer due

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July 24, 2017. They further stipulate that the deadline for Defendant to serve invalidity contentions

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shall be three weeks from the date the Court issues an order on Plaintiffs’ motion to amend their

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infringement contentions.

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IT IS SO STIPULATED

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Respectfully submitted,

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K&L GATES LLP
Dated: July 20, 2017

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By:

/s/ Peter E. Soskin
Harold H. Davis, Jr.
Timothy P. Walker
Rachel E. Burnim
Peter E. Soskin
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, California 94111
Tel: [phone]
Fax: [phone]

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Jay C. Chiu (SBN 205385)
[e-mail]
K&L GATES LLP
1 Park Plaza
Twelfth Floor
Irvine, CA 92614
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant Ching Feng Home
Fashions Co., Ltd.

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DATED: July 20, 2017

KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ Frederick L. Whitmer
KILPATRICK TOWNSEND & STOCKTON LLP
Frederick L. Whitmer, pro hac vice
1114 Avenue of the Americas
New York, NY 10036
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Matthew C. Holohan, (SBN 239040)
Kent T. Dallow, pro hac vice
2
1400 Wewatta Street
JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR
DEFENDANT TO SERVE INVALIDITY CONTENTIONS 3:17-CV-01069-RS

Denver, CO 80202
Email: [e-mail]
[e-mail]
Telephone:
[phone]
Facsimile:
[phone]

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A. James Isbester (SBN 129820)
Two Embarcadero Center, Suite 1900
San Francisco, CA 94111
Email: [e-mail]
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs Hunter Douglas Inc. and Andrew J. Toti
Testamentary Trust

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

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Dated:_____________
7/20/17
Hon. Richard Seeborg
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR
DEFENDANT TO SERVE INVALIDITY CONTENTIONS 3:17-CV-01069-RS