Bender v. Freescale Semiconductor, Inc.

Filing 52

ORDER RE AMENDED INFRINGEMENT CONTENTIONS re 51 Stipulation filed by Freescale Semiconductor, Inc.. Signed by Judge Maria-Elena James on 12/1/2009. (mejlc1, COURT STAFF) (Filed on 12/1/2009)

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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 28 Greg L. Lippetz (State Bar No. 154228) glippetz@jonesday.com JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Attorneys for Defendant FREESCALE SEMICONDUCTOR, INC. David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: (510)653-4983 E-mail: dnkuhn@pacbell.net Attorney for Plaintiff Gregory Bender UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Gregory Bender, Plaintiff, v. Freescale Semiconductor, Inc., Defendant. Case No. C 09-01156 PJH (MEJ) STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED INFRINGEMENT CONTENTIONS DISCOVERY MATTER Plaintiff Gregory Bender ("Plaintiff") and Defendant Freescale Semiconductor, Inc., ("Defendant"), through their respective counsel, hereby make the following stipulation with regards to Plaintiff's infringement contentions. WHEREAS on September 3, 2009, Plaintiff served his infringement contentions on Defendant. WHEREAS, Defendant had filed a motion to compel amended infringement contentions on September 23, 2009 (D.I. 28) which was denied by the Court on October 19, 2009 without prejudice to refile as a joint letter according to Judge James' standing orders on discovery (D.I. 42). WHEREAS, the parties have been preparing a joint letter to the Court regarding a dispute over the sufficiency of the infringement contentions. STIPULATION REGARDING AMENDED INFRINGEMENT CONTENTIONS CASE NO. 4:09-cv-01156-PJH (MEJ) 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 28 WHEREAS, the Court has granted Defendant temporarily relief from its discovery obligations pending resolution of this issue in its order dated October 29, 2009 (D.I. 47). WHEREAS, Plaintiff has agreed to amend his contentions in response to concerns raised by Defendant in its motion, and WHEREAS, after receipt of the amended infringement contentions, the parties shall meet and confer and, if unable to resolve any remaining issues, shall prepare the required joint letter to the Court. THE PARTIES HEREBY STIPULATE THAT: Plaintiff shall serve amended infringement contentions on or before January 8, 2010. After receipt of the amended infringement contentions, the parties shall meet and confer and, if unable to resolve any remaining issues, shall prepare the required joint letter to the Court. Defendant's obligations under Patent L.R. 3-3 and 3-4 shall be due 45 days from receipt of Plaintiff's amended contentions unless Defendant notifies Plaintiff of its intent to renew its motion to compel and provides its portion of the required joint letter to Plaintiff within 14 days of receiving Plaintiff's amended infringement contentions. The Court's previous order granting Defendant temporary relief from its discovery obligations (D.I. 47) shall remain in place until the dispute is resolved. Respectfully submitted, Dated: November 23, 2009 Jones Day By: /s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Counsel for Defendant Freescale Semiconductor, Inc. -2- STIPULATION REGARDING AMENDED INFRINGEMENT CONTENTIONS CASE NO. 4:09-cv-01156-PJH (MEJ) 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 28 In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: November 23, 2009 By: /s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: (510) 653-4983 Counsel for Plaintiff Gregory Bender PURSUANT TO STIPULATION, IT IS SO ORDERED: December 1 DATED: ______________, 2009 By: Maria-Elena James Chief United States Magistrate Judge SVI-74854v1 -3- STIPULATION REGARDING AMENDED INFRINGEMENT CONTENTIONS CASE NO. 4:09-cv-01156-PJH (MEJ)

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