Baxter Healthcare Corporation et al v. Fresenius Medical Care Holdings Inc. et al

Filing 191

FIRST AMENDED STIPULATION AND ORDER TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL re 190 Stipulation, filed by Fresenius Medical Care Holdings Inc., Baxter International Inc., Baxter Healthcare SA, Fresenius USA Inc., Baxter Healthcare Corporation, Deka Products Limited Partnership. Signed by Judge Phyllis J. Hamilton on 9/3/08. (nah, COURT STAFF) (Filed on 9/3/2008)

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David K. Callahan, P.C. (IL 620227) [e-mail] KIRKLAND & ELLIS LLP 200 East Randolph Drive Chicago, Illinois, 60601 Telephone: [phone] Facsimile: 312-861-2200 Attorney For Plaintiffs and Counter-defendants BAXTER HEALTHCARE CORPORATION, BAXTER INTERNATIONAL INC., and BAXTER HEALTHCARE SA Maureen K. Toohey (SBN 196401) [e-mail] TOOHEY LAW GROUP 225 Franklin Street, 16th Floor Boston, Massachusetts 02110 Telephone: [phone] Attorneys for Plaintiff and Counter-defendant DEKA PRODUCTS LIMITED PARTNERSHIP Juanita R. Brooks (SBN 75934) [e-mail] FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counter-claimants FRESENIUS MEDICAL CARE HOLDINGS, INC. AND FRESENIUS USA, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BAXTER HEALTHCARE CORPORATION, BAXTER INTERNATIONAL INC., BAXTER HEALTHCARE SA, AND DEKA LIMITED PARTNERSHIP, Plaintiffs and Counter-defendants, vs. FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, and FRESENIUS USA, INC., Defendants and Counter-claimants.
FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL

Case No. C 07-01359 PJH (JL) FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL AND ORDER

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WHEREAS, the Court previously entered a schedule, based on the parties' stipulation, [Dkt. Nos. 119, 120]for the case proceedings between the Markman Hearing and trial date; WHEREAS, the prior schedule was based, in part, on the assumption that it would take five weeks to issue a claim construction Order; and; WHEREAS, the Court has advised the parties that the claim construction Order may not issue in time to adhere to the current schedule, NOW, THEREFORE, it is stipulated by the respective parties and their counsel of parties At the claim construction hearing the Court raised the possibility that further claim

limitations might require construction following issuance of the claim construction Order. The A schedule for any further claim construction will be set at the case management conference which parties agree that, absent special circumstances, they will raise any such further claim will follow the initial claim construction ruling. construction issues in the context of summary judgment motions. The following table is commended to the Court for its adoption as the dates by which the present case shall proceed. EVENT Subsequent Case Management Conference (PJH patent order ¶12) Final Infringement Contentions (Patent L.R. 3-6(a)) Final Invalidity Contentions (Patent L.R. 3-6(a)) Defendants' Disclosure of Reliance on Advice of Counsel and Production of Opinion (Patent L.R. 3-8) Fact Discovery Cut-Off Final Date for Motions to Compel Fact Discovery (Civ. L.R. 26) By Local Rule or Court Order Date set at same time as claim construction ruling Not later than 30 days after Claim Construction Ruling Not later than 50 days after Claim Construction Ruling Not later than 50 days after Claim Construction Ruling Parties' Proposed Stipulated Dates

December 1, 2008 No more than 7 days after cut-off

FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL

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Case No. C 07-01359 PJH (JL)

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Willfulness Discovery Cut-Off

Deadline for Expert Reports for Issues on which the Parties Bear the Burden Deadline for Rebuttal Expert Reports Expert Discovery Cut-Off Final Date for Motions to Compel Expert Discovery (Civ. L.R. 26) Deadline for Filing of Dispositive Pretrial Motions Deadline for Hearing Dispositive Motions (Dkt 87) Final Pretrial Conference meet and confer (Dkt 87) Joint Pretrial Statement, trial briefs, motions in limine, etc (Dkt 87) Oppositions to Motions in limine Pretrial Conference Trial

14 calendar days after Defendants' Disclosure of Reliance on Advice of Counsel and Production of Opinion 60 days following claim construction ruling 88 days after claim construction ruling 110 days after claim construction ruling No more than 7 days after cut-off To be determined Not later than 35 days after filing of motion (Civ. L.R. 7-2) Not less than 40 days prior to Pretrial Conference Not less than 30 days prior to Pretrial Conference Not less than 15 days prior to the pretrial conference March 12, 2009 2:30 p.m. April 6, 2009 8:30 a.m.

FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL

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Case No. C 07-01359 PJH (JL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 By: /s/ Maureen K. Toohey_____ Maureen K. Toohey (SBN 196401) TOOHEY LAW GROUP 225 Franklin Street, 16th Floor Boston, Massachusetts 02110 Telephone: [phone] Howard A. Slavitt (SBN 172840) Rachel G. Cohen (SBN 218929) COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200 San Francisco, California 94111-4213 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter-defendant DEKA PRODUCTS LIMITED PARTNERSHIP
FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL

September 2, 2008 By: /s/ David K. Callahan_____________ KIRKLAND & ELLIS LLP David K. Callahan, P.C. (IL 620227) Garret Leach (pro hac vice) Mary Zaug (pro hac vice) 200 East Randolph Chicago, Illinois, 60601 Telephone: [phone] Facsimile: 312-861-2200 Robert G. Krupka (SBN 196625) 777 South Figueroa Street Los Angeles, California 90017 Telephone: [phone] Facsimile: 213-680-8500 Kenneth Bridges (SBN 243541) 555 California Street San Francisco, California, 94104 Telephone: [phone] Facsimile: 415-439-1500 Attorney For Plaintiff and Counter-defendant BAXTER HEALTHCARE CORPORATION, BAXTER INTERNATIONAL INC., and BAXTER HEALTHCARE SA September 2, 2008

September 2, 2008 By: /s/ Michael E. Florey___

Juanita R. Brooks (SBN 75934) Todd G. Miller (SBN 163200) Michael M. Rosen (SBN 230964) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Mathias W. Samuel (pro hac vice) Michael E. Florey (pro hac vice) FISH & RICHARDSON P.C. 60 South Sixth Street, Suite 3300 Minneapolis, MN 55402 Telephone: [phone] Facsimile: [phone] Limin Zheng (SBN 226875) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 400 Redwood City, CA 94053 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants FRESENIUS MEDICAL CARE HOLDINGS, INC. AND FRESENIUS USA, INC.

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Case No. C 07-01359 PJH (JL)

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ELECTRONIC FILING DECLARATION OF DAVID K. CALLAHAN, P.C.

I, David K. Callahan, declare as follows: 1. I am a partner at Kirkland & Ellis LLP, and I am Baxter Healthcare Corporation's

legal counsel in the above-captioned litigation. 2. Pursuant to the Northern District of California Electronic Filing Procedures and

General Order No. 45, I attest that Michael E. Florey, counsel for Defendants, Fresenius Medical Care Holdings, Inc., d/b/a Fresenius Medical Care North America, and Fresenius USA, Inc., (collectively "Fresenius"), and Maureen K. Toohey, counsel for Plaintiff DEKA Products Limited Partnership, concur in the filing of this document and have granted me permission to electronically file this document absent their actual signatures.

Dated: September 2, 2008

Respectfully submitted, Kirkland & Ellis LLP By: /s David K. Callahan s/ David K. Callahan, P.C. (IL 620227), [e-mail] Attorney for Plaintiff and Counter-defendant BAXTER HEALTHCARE CORPORATION

FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AS MODIFIED BY THE COURT, IT IS SO ORDERED PURSUANT TO STIPULATION, IT IS SO ORDERED, the dates set forth in the FIRST AMENDED STIPULATION TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL are adopted by the Court and shall govern the proceedings of the case. 3 DATED: September ____, 2008 Plaintiffs and Counter-defendants, vs. FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, and FRESENIUS USA, INC., Defendants and Counter-claimants. BAXTER HEALTHCARE CORPORATION, BAXTER INTERNATIONAL INC., BAXTER HEALTHCARE SA, AND DEKA LIMITED PARTNERSHIP, Case No. C 07-01359 PJH (JL) [PROPOSED] ORDER TO SET CASE DATES OCCURRING BETWEEN THE MARKMAN HEARING AND TRIAL UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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___________________________________ ERED PHYLLISSJ.SHAMILTON O ORD IT I United States District Judge

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