Power Density Solutions LLC v IBM Corporation

Filing 33

STIPULATION AND ORDER RE 32 EXTENDING CASE DEADLINES BASED ON NEW AMENDED COMPLAINT filed by IBM Corporation. Claims Construction Hearing set for 10/19/2020 at 10:00 AM. Signed by Judge Richard Seeborg on 11/4/19. (clS, COURT STAFF) (Filed on 11/4/2019)

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Robert W. Stone (Bar No. 163513)
[e-mail]
Brice C. Lynch (Bar No. 288567)
[e-mail]
Joseph E. Reed (Bar No. 323524)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
T: 650.801.5000
F: 650.801.5100

INSIGNE LLP
Trevor Q. Coddington, PH.D. (Bar No.
243042)
[e-mail]
Cody R. LeJeune (Bar No. 249242)
[e-mail]
Charles A. Blazer, II (Bar No. 282495)
[e-mail]
701 Palomar Airport Rd., Suite 230
Carlsbad, CA 92011
T: [phone]
F: [phone]

QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Michael D. Powell (Bar No. 202850)
[e-mail]
50 California Street, 22nd Floor
San Francisco, CA 94111
T: 415.875.6600
F: 415.875.6700

Attorneys for Power Density Solutions LLC

Attorneys appearing specially for IBM
Corporation

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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POWER DENSITY SOLUTIONS LLC, a
Delaware limited liability company,

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Plaintiff,

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v.

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IBM CORPORATION, a New York
Corporation, and DOES 1-10, inclusive,

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Case No. 3:19-cv-03710-RS

STIPULATION AND [PROPOSED] ORDER
EXTENDING CASE DEADLINES BASED
ON NEW AMENDED COMPLAINT
Hon. Richard Seeborg

Defendant

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Case No. 3:19-cv-03710-RS
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES BASED ON NEW AMENDED
COMPLAINT

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Pursuant to Civil Local Rules 6-1(b), 6-2(a), and 7-12, Plaintiff Power Density Solutions

2 LLC (“PDS”) and Defendant IBM Corporation (“IBM”), through their respective attorneys,
3 declare as follows:
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WHEREAS, on June 26, 2019, Plaintiff Power Density Solutions LLC (“PDS”)

5 commenced the instant action by filing a complaint (the “Original Complaint”) against Defendant
6 IBM Corporation (“IBM”) in this Court;
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WHEREAS, on October 10, 2019, the Court held an initial case management conference

8 and the Court issued an Initial Case Management Scheduling Order setting case deadlines (Dkt.
9 No. 30);
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WHEREAS, on October 17, 2019 PDS filed an amended complaint (the “Amended

11 Complaint”) adding an additional claim of patent infringement for an additional patent against
12 IBM (Dkt. No. 31);
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WHEREAS, the current Initial Case Management Scheduling Order was based on there

14 being one patent in the case that was asserted on June 26, 2019;
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WHEREAS, there have been three stipulated extensions to respond to the Original

16 Complaint that did not require a court order and no extensions of time in this case requiring a
17 court order.
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NOW THEREFORE, pursuant to Civil Local Rules 6-1(b), 6-2(a), and 7-12, the parties

19 hereto stipulate to extend all the ordered case deadlines as indicated in the table below:
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Event
Response to Complaint
Opposition to Motion to Dismiss
Reply in Support of Motion to
Dismiss
Hearing on Motion to Dismiss
Disclosure of Asserted Claims &
Infringement Contentions
(Pat. L.R. 3- 1 & 3-2)
Invalidity Contentions (Pat. L.R. 33 & 3-4)
Exchange of Proposed Terms for
Construction (Pat. L.R. 4-1)

Current Deadline
October 23, 2019
November 27, 2019
December 18, 2019

New Stipulated Deadline
November 21, 2019
January 24, 2020
February 14, 2020

January 9, 2020 at 1:30
p.m.
January 13, 2020

February 27, 2020 at 1:30
p.m.
February 18, 2020

April 13, 2020

May 18, 2020

April 27, 2020

June 1, 2020

Case No. 3:19-cv-03710-RS
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES BASED ON NEW AMENDED
COMPLAINT

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Event
Exchange of Preliminary Claim
Constructions and Extrinsic
Evidence (Pat. L.R. 4-2)
File Joint Claim Construction and
Prehearing Statement (Pat.
L.R. 4-3)

Current Deadline
May 4, 2020

New Stipulated Deadline
June 8, 2020

June 12, 2020

July 17, 2020

Completion of Claim Construction
Discovery (Pat. L.R. 4-4)
PDS Opening Claim Construction
Brief (Pat. L.R. 4-5(a))
IBM Opposition Claim
Construction Brief (Pat.
L.R. 4-5(b))
PDS Reply Claim Construction
Brief (Pat. L.R. 4-5(c))
Claim Construction Hearing (Pat.
L.R. 4-6)

July 13, 2020

August 17, 2020

August 3, 2020

September 7, 2020

August 24, 2020

September 28, 2020

August 31, 2020

October 5, 2020

September 14, 2020

October 19, 2020

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Case No. 3:19-cv-03710-RS
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES BASED ON NEW AMENDED
COMPLAINT

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1 DATED: October 30, 2019

Respectfully submitted,

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By /s/ Michael D. Powell

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Robert W. Stone (Bar No. 163513)
[e-mail]
Brice C. Lynch (Bar No. 288567)
[e-mail]
Joseph E. Reed (Bar No. 323524)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
T: 650.801.5000
F: 650.801.5100

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Michael D. Powell (Bar No. 202850)
[e-mail]
50 California Street, 22nd Floor
San Francisco, CA 94111
T: 415.875.6600
F: 415.875.6700

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Attorneys appearing specially for IBM
Corporation

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DATED: October 30, 2019

Respectfully submitted,

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By /s/ Cody R. LeJeune

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INSIGNE LLP
Trevor Q. Coddington, PH.D. (Bar No. 243042)
[e-mail]
Cody R. LeJeune (Bar No. 249242)
[e-mail]
Charles A. Blazer, II (Bar No. 282495)
[e-mail]
701 Palomar Airport Rd., Suite 230
Carlsbad, CA 92011
T: [phone]
F: [phone]

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Attorneys for Power Density Solutions LLC

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Case No. 3:19-cv-03710-RS
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES BASED ON NEW AMENDED
COMPLAINT

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: __________
11/4/19

________________________________
RICHARD SEEBORG
United States District Judge

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Case No. 3:19-cv-03710-RS
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES BASED ON NEW AMENDED
COMPLAINT

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