Sunpower Corporation Systems v. Sunlink Corporation

Filing 34

STIPULATED CASE MANAGEMENT SCHEDULING ORDER: Claims Construction Hearing set for 3/4/2009 09:00 AM. Case Management Conference set for 3/4/2009 09:00 AM.. Signed by Judge ARMSTRONG on 11/26/08. (lrc, COURT STAFF) (Filed on 11/26/2008)

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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 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Morgan W. Tovey (Bar No. 136242) [e-mail] Linda J. Brewer (Bar No. 217730) [e-mail] 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant 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. Case No. C 08-2807-SBA SUNPOWER CORPORATION SYSTEMS AND SUNLINK CORPORATION'S JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME OF CLAIM CONSTRUCTION BRIEFING AND HEARING PATENT CASE
1 JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME OF CLAIM CONSTRUCTION BRIEFING CASE NO. C 08-2807-SBA

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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 Order Changing Time of Claim Construction Briefing and Hearing. I. BACKGROUND The Court's schedule currently provides for SunPower to file its opening claim construction brief on December 1, 2008 and for SunLink to file its responsive claim construction brief on December 15, 2008. The Court has also scheduled a claim construction hearing for January 28, 2009. SunLink has noticed the deposition of the named inventor of the patents-in-suit and his deposition had been scheduled for mid-November. Unfortunately, SunPower had to take his deposition off calendar so that he could tend to and be with his seriously ill father. See Declaration of Craig Compton at ¶ 2. The result being that the named inventor's deposition has been postponed to the week of December 16, 2008, which is after both parties were to file claim construction briefs. The parties have contacted the Court to check on the availability of the Court to move the claim construction hearing by approximately one month. The requested change will not alter any other dates for the matter because the parties do not yet have a schedule for the case past claim construction. Declaration of Craig Compton at ¶ 4. The only other time modifications in this matter were by stipulation and they did not alter the date for any Court filings. 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. 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: ///

2 JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME OF CLAIM CONSTRUCTION BRIEFING CASE NO. C 08-2807-SBA

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Event Close of claim construction discovery pursuant to Patent Local Rule 4-4 Plaintiff to file and serve its opening claim construction brief pursuant to Patent Local 4-5 Defendant to file and serve its responsive claim construction brief pursuant to Patent Local 4-5 Plaintiff to file and serve its reply claim construction brief, pursuant to Patent Local 4-5 Tutorial and claim construction hearing to be followed by Case Management Conference

Previous Date November 17, 2008 December 1, 2008 December 15, 2008 December 22, 2008 January 28, 2009 at 9:00 a.m. for four hours

Proposed Date December 31, 2008 January 7, 2009 January 21, 2009 January 28, 2009 March 4, 2009 at 9:00 a.m. for four hours.

DATED: November 24, 2008

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

DATED: November 24, 2008

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP _/s/ Morgan W. Tovey______________ Morgan W. Tovey 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 Morgan W. Tovey. /// /// /// ///
3 JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME OF CLAIM CONSTRUCTION BRIEFING CASE NO. C 08-2807-SBA

1 DATED: November 24, 2008 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 110 0 111 1 112 2 113 3 114 4 115 5 116 6 117 7 118 8 119 9 220 0 221 1 222 2 223 3 224 4 225 5 226 6 227 7 228 8 DATED: November 26 , 2008

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

PURSUANT TO STIPULATION, IT IS SO ORDERED.

____________________________________ Honorable Saundra Brown Armstrong United States District Court Judge

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PROOF 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 November 26, 2008, I caused a copy of the following document(s): SUNPOWER CORPORATION SYSTEMS AND SUNLINK CORPORATION'S JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME OF CLAIM CONSTRUCTION BRIEFING 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: Morgan W. Tovey, Esq. Linda J. Brewer Quinn Emanuel Urquhart Oliver & Hedges, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] X MAIL: Attorneys for Defendant SUNLINK

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. 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.

PERSONAL: FACSIMILE:

X

ELECTRONIC MAIL: FEDERAL EXPRESS: EXPRESS MAIL:

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OVERNIGHT DELIVERY:

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 November 26, 2008, at Redwood City, California. Wendy M. Hobbs

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