Sunpower Corporation Systems v. Sunlink Corporation

Filing 122

STIPULATION AND ORDER AMENDED CASE SCHEDULE. Signed by Judge Saundra Brown Armstrong, on 7/7/09. (lrc, COURT STAFF) (Filed on 7/7/2009) Modified on 7/8/2009 (jlm, COURT STAFF).

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Frank E. Scherkenbach, (Bar No. 142549) [e-mail] Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110-2804 Telephone: [phone] Facsimile: [phone] Howard G. Pollack (Bar No. 162897) [e-mail] Craig R. Compton (Bar No. 215491) [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counterdefendant SUNPOWER CORPORATION, SYSTEMS DURIE TANGRI PAGE LEMLEY ROBERTS & KENT LLP MICHAEL H. PAGE (Bar No. 154913) mpage@[e-mail] DARALYN J. DURIE (Bar No. 169825) ddurie@[e-mail] 332 Pine Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant SUNLINK CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) SUNPOWER CORPORATION, SYSTEMS, a Delaware corporation, Plaintiff and Counterdefendant, vs. SUNLINK CORPORATION, a Delaware corporation, Defendant and Counterclaimant.
1 JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE CASE NO. C 08-2807-SBA

Case No. C 08-2807-SBA SUNPOWER CORPORATION SYSTEMS AND SUNLINK CORPORATION'S JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE PATENT CASE

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Pursuant to Civil Local Rule 6-2 SunPower Corporation, Systems ("SunPower") and SunLink Corporation ("SunLink") respectfully submit the following Stipulated Request for an Order Amending some dates in the Order for Pretrial Preparation in Patent Cases, dated March 10, 2009. The proposed modifications to the schedule do not alter any dates for filings with, or hearings before, the Court. I. BACKGROUND The Court's schedule currently provides for fact discovery to close on August 3, 2009. The parties, however, have agreed to schedule some depositions after August 3, 2009 because some witnesses, including third-party witnesses are not available until later in August. The parties, thus, propose moving the close of discovery by 18 days, which will allow the parties to complete fact discovery before expert reports are due. The parties also propose slight modifications to the schedule regarding the exchange of expert reports. The only other time modifications in this matter were by stipulation. The parties stipulated that SunLink could serve its Invalidity Contentions on August 29, 2008 when the previous due date had been August 25, 2008. Declaration of Craig Compton at ¶ 3. The parties further agreed to exchange preliminary claim construction positions on October 8, 2008 when then previous date had been September 24, 2008. Id. The parties also stipulated to moving the claim construction briefing schedule because SunLink had noticed a witness for deposition and the deposition had to be postponed due to the passing of the witness' father. Id. Below is the parties proposed change to the Court's schedule: STIPULATION For the reasons stated above, SunPower and SunLink hereby stipulate to the following modification to the case's schedule: Current Date August 3, 2209 August 24, 2009 September 22, 2009 October 9, 2009 December 1, 2009
2 JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE CASE NO. C 08-2807-SBA

Proposed Date August 21, 2009 September 4, 2009 September 30, 2009 October 16, 2009 NO CHANGE

Close of Fact Discovery Opening Expert Reports Rebuttal Expert Reports Expert Discovery Cut-Off Last Day to hear motions

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DATED: July 2, 2009

FISH & RICHARDSON P.C. _/s/ Craig R. Compton______________ Craig R. Compton Attorneys for Plaintiff and Counterdefendant SUNPOWER CORPORATION, SYSTEMS

DATED: July 2, 2009

DURIE TANGRI PAGE LEMLEY ROBERTS & KENT LLP _/s/ Michael H. Page______________ Michael H, Page Attorneys for Defendant and Counterclaimant, SUNLINK CORPORATION

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Michael H. Page. DATED: July 2, 2009 FISH & RICHARDSON P.C. _/s/ Craig R. Compton______________ Craig R. Compton Attorneys for Plaintiff and Counterdefendant SUNPOWER CORPORATION, SYSTEMS

3 JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE CASE NO. C 08-2807-SBA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: July 7, 2009

____________________________________ Honorable Saundra Brown Armstrong United States District Court Judge

4 JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE CASE NO. C 08-2807-SBA

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CERTIFICATE OF SERVICE I am employed in the County of San Mateo. My business address is Fish & Richardson P.C., 500 Arguello Street, Suite 500, Redwood City, California 94063. I am over the age of 18 and not a party to the foregoing action. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for personal delivery, for mailing with United States Postal Service, for facsimile, and for overnight delivery by Federal Express, Express Mail, or other overnight service. On July 7, 2009, I caused a copy of the following document(s): SUNPOWER CORPORATION SYSTEMS AND SUNLINK CORPORATION'S JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE to be served on the interested parties in this action by placing a true and correct copy thereof, enclosed in a sealed envelope, and addressed as follows: Michael Page Daralyn Durie DURIE TANGRI PAGE LEMLEY ROBERTS & KENT LLP 332 Pine St., Suite 200 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendant SUNLINK CORPORATION

Such correspondence was deposited, postage fully paid, with the United States Postal Service on the same day in the ordinary course of business. Such envelope was delivered by hand to the offices of the addressee. Such document was faxed to the facsimile transmission machine with the facsimile machine number stated above. Upon completion of the transmission, the transmitting machine issued a transmission report showing the transmission was complete and without error. Such document was transmitted by electronic mail to the addressees' email addresses as stated above. Such correspondence was deposited on the same day in the ordinary course of business with a facility regularly maintained by Federal Express.

5 JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE CASE NO. C 08-2807-SBA

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50660870

EXPRESS MAIL: OVERNIGHT DELIVERY:

Such correspondence was deposited on the same day in the ordinary course of business with a facility regularly maintained by the United States Postal Service. Such correspondence was given on the same day in the ordinary course of business to an authorized courier or a driver authorized by that courier to receive documents.

I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury that the above is true and correct. Executed on July 7, 2009, at Redwood City, California. Wendy M. Hobbs

6 JOINT STIPULATED REQUEST FOR ORDER AMENDING THE CURRENT CASE SCHEDULE CASE NO. C 08-2807-SBA