Raytheon Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al

Filing 168

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 9/14/10. (lrc, COURT STAFF) (Filed on 9/15/2010)

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Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al Doc. 168 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 RICK N. BRYSON (Pro hac vice) Rick.Bryson@SandersParks.com MICHELLE BREIT, Bar No. 133143 Michelle.Breit@SandersParks.com BRETT M. HAGER (Pro hac vice) Brett.Hager@SandersParks.com BENJAMIN K. ERLICK (Pro hac vice) Benjamin.Erlick@SandersParks.com SANDERS & PARKS P.C. 3030 N. Third Street, Suite 1300 Phoenix, AZ 85012-3099 Telephone: (602) 532-5600 Facsimile: (602) 532-5700 JAMES C. OTTESON, Bar No. 157781 jim@agilityiplaw.com AGILITY IP LAW 1900 University Circle, Suite 201 East Palo Alto, CA 964303 Telephone: 650-227-4800 Attorneys for Plaintiff and Counterclaim Defendant APPLIED SIGNAL TECHNOLOGY, INC. and Third-Party Defendant COMTECH EF DATA, CORP. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION APPLIED SIGNAL TECHNOLOGY, INC. Plaintiff, vs. EMERGING MARKETS COMMUNICATIONS, INC., EMC SATCOM TECHNOLOGIES, INC., PARADISE DATACOM, LLC, and VIASAT, INC., Defendants. AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS 1 STIPULATED MOTION FOR EXTENSION OF DEADLINES AND MODIFICATIONS TO CASE MANAGEMENT SCHEDULE Case No. 09-CV-02180-SBA STIPULATED MOTION AND ORDER FOR EXTENSION OF DEADLINES AND MODIFICATIONS TO CASE MANAGEMENT CONFERENCE SCHEDULE JURY TRIAL DEMANDED CASE NO. 09-CV-02180-SBA Dockets.Justia.com 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 Plaintiff and counter-defendant, APPLIED SIGNAL TECHNOLOGY, INC, third-party defendant and cross-claimant, COMTECH EF DATA CORP., and defendants PARADISE DATACOM, LLC, and defendant and counterclaimant VIASAT, INC. (collectively "the parties") hereby stipulate and move the Court for an order modifying the dates set by the Case Management Scheduling Order of August 2, 2010, as set forth in the Proposed Order filed concurrently herewith. The August 2, 2010 Case Management Scheduling Order sets September 8, 2010 as the last date to serve claim construction expert reports. The parties are requesting this modified schedule in order to establish September 22, 2010 as the due date for rebuttal reports to claim construction expert reports. The current schedule does not provide for claim construction rebuttal expert reports and all parties believe such reports will aid in claim construction. The parties also stipulate to extend by two days the date on which discovery relating to claim construction must be completed in light of the extra time needed for rebuttal expert reports. The parties request these modifications in order to accommodate the schedules of their respective experts. These modifications will not change the schedule for the Markman hearing and the parties believe they will pose no problem for the Court. Accordingly, the parties collectively request that the Court modify the Case Management Scheduling Order, as modified on August 2, 2010, to adopt the dates as set forth in the Proposed Order. Date: September 13, 2010 SANDERS & PARKS P.C. /s/Michelle Breit ____ Michelle Breit Attorneys for Plaintiff APPLIED SIGNAL TECHNOLOGY And Third-Party Counterclaim Defendant COMTECH EF DATA, CORP. 2 STIPULATED MOTION FOR EXTENSION OF DEADLINES AND MODIFICATIONS TO CASE MANAGEMENT SCHEDULE CASE NO. 09-CV-02180-SBA 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 Date: September 13, 2010 FISH & RICHARDSON P.C. /s/ Christopher Marchese__ Christopher Marchese Attorneys for Defendants PARADISE DATACOM, LLC and VIASAT, INC. DECLARATION OF CONSENT 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 Christopher Marchese. Date: September 13, 2010 SANDERS & PARKS P.C. /s/ Michelle Breit________ Michelle Breit Attorneys for Plaintiff APPLIED SIGNAL TECHNOLOGY And Third-Party Counterclaim Defendant COMTECH EF DATA, CORP 3 STIPULATED MOTION FOR EXTENSION OF DEADLINES AND MODIFICATIONS TO CASE MANAGEMENT SCHEDULE CASE NO. 09-CV-02180-SBA 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 ORDER The Case Management Conference Schedule as modified by Order dated August 2, 2010, is hereby vacated. The following schedule is hereby adopted. EVENT Comtech's Initial Disclosure Comtech's Document Production (Patent L.R. 3-4) due Comtech's Invalidity Contentions (Patent L.R. 3-3) due Comtech's Proposed Terms for Construction (Patent L.R. 4-1) AST and ViaSat Proposed Terms for Construction (Patent L.R. 4-1) 5. Preliminary Claim Constructions (Patent L.R. 4-2) due 6a. Joint Claim Construction (Patent L.R. 4-3) due 6b. Claim Construction Expert reports (Patent L.R. 4-3) due 6c. Rebuttals to Claim Construction Expert reports (Patent L.R. 4-3) due 7. L/D for discovery relating to Claim Construction (Patent L.R. 4-4) 8. Opening Claim Construction Brief (in compliance with Patent L.R. 4-5(a)) 9. Opposing Claim Construction Brief(s) (in compliance with Patent L.R. 45(b)) due 10. Reply Claim Construction Brief(s) (in compliance with Patent L.R. 4-5 (c)) due 11. Tutorial and Claim Construction Hearing (in compliance with Patent L.R. 4-6) 12. Further Case Management Conference DATE June 16, 2010 July 9, 2010 July 9, 2010 July 21, 2010 July 21, 2010 August 13, 2010 September 1, 2010 September 8, 2010 September 22, 2010 October 1, 2010 (currently September 29, 2010) October 15, 2010 November 4, 2010 November 18, 2010 January 20, 2011 at 9:00 a.m. January 20, 2011 at 9:00 a.m. 4 STIPULATED MOTION FOR EXTENSION OF DEADLINES AND MODIFICATIONS TO CASE MANAGEMENT SCHEDULE CASE NO. 09-CV-02180-SBA 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 5 STIPULATED MOTION FOR EXTENSION OF DEADLINES AND MODIFICATIONS TO CASE MANAGEMENT SCHEDULE Dated: 9/14/10 ___________________________________ SAUNDRA BROWN ARMSTRONG JUDGE, UNITED STATES DISTRICT COURT CASE NO. 09-CV-02180-SBA

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