Eolas Technologies Incorporated v. Google Inc.

Filing 106

STIPULATION AND ORDER re 105 STIPULATION WITH PROPOSED ORDER re 102 Order to Extend Deadline to Meet and Confer and File Motion to Amend Infringement Contentions filed by Eolas Technologies Incorporated. Signed by Judge Jon S. Tigar on September 21, 2017. (wsn, COURT STAFF) (Filed on 9/21/2017)

1 [Counsel identified on signature page]
2 Stephanie Adams Ryan, SBN 289548
MCKOOL SMITH, P.C.
3 255 Shoreline Drive, Suite 510
Redwood Shores, California 94065
4 Tel: [phone]; Fax: [phone]
[e-mail]
5
John B. Campbell, TX SBN 24036314
6 (admitted Pro Hac Vice)
Kevin Burgess, TX SBN 24006927 (admitted
7 Pro Hac Vice)
Craig N. Tolliver, TX SBN 24028049
8 (admitted Pro Hac Vice)
James E. Quigley, TX SBN 24075810
9 (admitted Pro Hac Vice)
MCKOOL SMITH, P.C.
10 300 West 6th Street, Suite 1700
Austin, Texas 78701
11 Tel. [phone]; Fax: [phone]
[e-mail]
12 [e-mail]
[e-mail]
13 [e-mail]

QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Charles K. Verhoeven (CA Bar No.
170151)
David A. Perlson (CA Bar No. 209502)
Carl G. Anderson (CA Bar No. 239927)
Michael D. Powell (CA Bar No. 202850)
Lindsay M. Cooper (CA Bar No. 287125)
Felipe Corredor (CA Bar No. 295692)
[e-mail]
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-875-6700

14 Attorneys for Plaintiff
Eolas Technologies Incorporated
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Attorneys for Defendant Google Inc.

QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Miles Freeman (CA Bar No. 299302)
[e-mail]
865 S. Figueroa St., 10th Floor
Los Angeles, CA 90017
Telephone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

19 EOLAS TECHNOLOGIES
INCORPORATED,
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Plaintiff,
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v.
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GOOGLE INC.,
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Defendant.
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Case No. 3:17-cv-01138-JST
JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
DEADLINE TO MEET AND CONFER
AND FILE MOTION TO AMEND TO
OCTOBER 9, 2017

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Case Nos. 3:17-cv-01138-JST

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Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, Plaintiff Eolas Technologies Incorporated

2 (“Eolas”) and Defendant Google Inc. (“Google” or “Defendant”), by and through their respective
3 attorneys, hereby submit the following Joint Stipulation, as follows:
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WHEREAS, on March 31, 2016, Eolas served its Patent Rule 3-1 and Patent Rule 3-2

5 infringement contentions while this case was pending in the Eastern District of Texas;
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WHEREAS, on February 24, 2017, this case was transferred from the Eastern District of

7 Texas to this District;
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WHEREAS, on August 8, 2017, the Court entered an Order Regarding August 2, 2017

9 Case Management Conference (Dkt. 92) directing Eolas and Google to meet and confer and file a
10 joint letter brief regarding their respective positions on Eolas’s Infringement Contentions (“the
11 Joint Letter Brief”) by August 25, 2017;
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WHEREAS, on August 25, 2017, the parties requested additional time (Dkt. 96) to

13 exchange drafts of their positions for the Joint Letter Brief and finalize them for the Court’s
14 consideration;
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WHEREAS, on August 28, 2017, the Court granted the parties additional time (Dkt. 97) to

16 exchange drafts of their positions for the Joint Letter Brief and finalize them for the Court’s
17 consideration;
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WHEREAS, on August 30, 2017, the parties filed their Joint Letter Brief (Dkt. 98);

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WHEREAS, on September 14, 2017, the Court entered an Order re Joint Letter Brief (Dkt.

20 102), calling for “Eolas to file a motion to amend its infringement contentions by September 25,
21 2017 at 5:00 p.m.,” stating that “[p]rior to that date, the parties should meet and confer regarding
22 the requested relief,” and concluding that “[t]he parties should also identify any other instances in
23 which transfer to this district and the concurrent change in local rules require or suggest
24 adjustment by the Court, so that such adjustment does not occur piecemeal”;
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WHEREAS, on September 14, 2017, the parties filed a stipulation for a short extension to

26 the other upcoming case deadlines to provide time for further meet and confer on Eolas’s proposal
27 this case be stayed pending resolution of the pending Motion for Order to Show Cause Regarding
28 McKool Smith’s Violation of Prosecution Bar (Dkt. 103),
-2Case Nos. 3:17-cv-01138-JST

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WHEREAS, on September 18, 2017, Eolas requested Google’s agreement to extend the

2 deadline to file a motion to amend its infringement contentions, consistent with the stipulated
3 extension of other deadlines;
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WHEREAS, on September 20, 2017, the Court granted the stipulation extending the other

5 upcoming case deadlines (Dkt. 104);
6

WHEREAS, on September 20, 2017, Eolas provided Google with its proposed

7 supplement;
8

WHEREAS, to allow for additional time to review, meet and confer, and narrow any issues

9 for the Court, the parties request an additional two weeks—until October 9, 2017—to meet and
10 confer and for Eolas to file its motion to amend, consistent with the stipulated extension of other
11 deadlines;
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WHEREAS, no other deadlines will be affected by extending the deadline for the parties to

13 meet and confer and for Eolas to file its motion to amend;
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NOW THEREFORE IT IS HEREBY STIPULATED AND THE PARTIES JOINTLY

15 REQUEST that the meet and confer and motion to amend deadline be extended from September
16 25, 2017, to October 9, 2017.
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Case Nos. 3:17-cv-01138-JST

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1 DATED: September 21, 2017
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Respectfully submitted,
By /s/ Kevin Burgess

3

Stephanie Adams Ryan, SBN 289548
MCKOOL SMITH, P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, California 94065
Tel: [phone]; Fax: [phone]
[e-mail]

4
5
6

John B. Campbell, TX SBN 24036314 (admitted Pro Hac
Vice)
Kevin Burgess, TX SBN 24006927 (admitted Pro Hac Vice)
Craig N. Tolliver, TX SBN 24028049 (admitted Pro Hac
Vice)
James E. Quigley, TX SBN 24075810 (admitted Pro Hac
Vice)
MCKOOL SMITH, P.C.
300 West 6th Street, Suite 1700
Austin, Texas 78701
Tel. [phone]; Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
EOLAS TECHNOLOGIES INCORPORATED

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By /s/ David Perlson

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QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (CA Bar No. 170151)
[e-mail]
David A. Perlson (CA Bar No. 209502)
[e-mail]
Carl G. Anderson (CA Bar No. 239927)
[e-mail]
Michael D. Powell (CA Bar No. 202850)
[e-mail]
Lindsay M. Cooper (CA Bar No. 287125)
[e-mail]
Felipe Corredor (CA Bar No. 295692)
[e-mail]
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-875-6700

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Attorneys for Defendant
GOOGLE INC.

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Case Nos. 3:17-cv-01138-JST

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ATTESTATION
I, Kevin Burgess, am the ECF user whose userid and password authorized the filing of this
document. Under Civil L.R. 5-1(i)(3), I attest that all signatories to this document have concurred

5 in this filing.
6 DATED: September 21,
2017
7

/s/ Kevin Burgess
Kevin Burgess

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Case Nos. 3:17-cv-01138-JST

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[PROPOSED] ORDER

2

Plaintiff Eolas Technologies Incorporated and Defendant Google Inc. (“Google”) have

3 stipulated to move the deadline to meet and confer about Eolas’s supplemental infringement
4 contentions and for Eolas to file its motion to amend from September 25, 2017, to October 9,
5 2017.
6

The parties’ joint stipulation is GRANTED. The deadline to meet and confer about Eolas’s

7 supplemental infringement contentions and for Eolas to file its motion to amend, currently set for
8 September 25, 2017, is hereby moved to for October 9, 2017.
9

PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

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September 21, 2017
11 DATED: ____________________
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____________________
Honorable Jon S. Tigar
United States District Judge

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Case Nos. 3:17-cv-01138-JST

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