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

Filing 92

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Claims Construction Hearing set for 12/2/2010 09:00 AM. Case Management Conference set for 12/2/2010 09:00 AM.. Signed by Judge ARMSTRONG on 4/26/10. (lrc, COURT STAFF) (Filed on 4/27/2010)

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RICK N. BRYSON (Pro hac vice) [e-mail] MICHELLE BREIT, Bar No. 133143 [e-mail] BRETT M. HAGER (Pro hac vice) [e-mail] BENJAMIN ERLICK (Pro hac vice) [e-mail] SANDERS & PARKS P.C. 3030 N. Third Street, Suite 1300 Phoenix, AZ 85012-3099 Telephone: [phone] Facsimile: [phone] JAMES C. OTTESON, Bar No. 157781 [e-mail] AGILITY IP LAW 303 Almaden Boulevard, Suite 500 San Jose, CA 95110-2712 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff APPLIED SIGNAL TECHNOLOGY, INC. 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. Case No. 09-CV-02180-SBA STIPULATED MOTION AND ORDER TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULE AND ADOPTING NEW SCHEDULE JURY TRIAL DEMANDED

AND RELATED COUNTERCLAIMS

Plaintiff and counter-defendant, Applied Signal Technology, Inc., and each defendant, including Emerging Markets Communications, Inc., EMC Satcom Technologies, Inc., Paradise
STIPULATED MOTION TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULE Case No. 4:09-cv-02180-SBA -1-

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Datacom, LLC, and defendant and counterclaimant ViaSat, Inc. (collectively "the parties"), hereby stipulate and move the Court for an order modifying and extending the dates set by the Court's Case Management Scheduling Order of November 30, 2009, as set forth in the Proposed Order filed concurrently herewith. The parties request this modified schedule to accommodate two substantial occurrences in the lawsuit. First, on or about April 19, 2010, Applied Signal Technology retained and substituted new counsel of record as lead counsel to represent the company in this action. At that time, the parties' preliminary claim constructions pursuant to Patent L.R. 4-1 were due in only seven (7) days and other critical dates related to claim construction were quickly approaching. An extension of the current schedule is needed for Applied Signal's new counsel to get up to speed on this complex litigation. Second, counterclaimant ViaSat has indicated its intent to seek leave to amend its counterclaims to add third-party Comtech EF Data ("Comtech") as a counter-defendant. The inclusion of Comtech as a new counter-defendant would thus require additional time for Comtech to "catch up" so that it can effectively participate in the claim construction procedures concurrently with the existing parties. Comtech and Applied Signal have agreed not to oppose ViaSat's motion to add Comtech as a new counter-defendant on ViaSat's existing claims for infringement of U.S. Patent Nos. 6,907,093 and 6,725,017, subject to the adoption of a modified schedule as set forth in the Proposed Order, which accommodates Comtech's late-comer status. ViaSat requested that AST and Comtech stipulate to allow ViaSat to amend its answer and counterclaims to add a counterclaim for infringement of an additional ViaSat patent, U.S. Patent No. 6,011,952 ("the '952 patent") by AST and Comtech, and to place the '952 patent on the same schedule as the existing patents in suit. AST and Comtech refused to stipulate, and therefore ViaSat will move to amend its answer and counterclaims to add the '952 patent to this case asserting infringement by both AST and Comtech. AST and Comtech do not oppose the addition of Comtech as a counterclaim defendant on ViaSat's existing claims for infringement of U.S. Patent Nos. 6,907,093 and 6,725,017; rather, AST and Comtech are only opposing the addition of ViaSat's '952 patent as a counterclaim.
STIPULATED MOTION TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULE Case No. 4:09-cv-02180-SBA -2-

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Accordingly, the parties collectively request that the Court modify the Case Management Scheduling Order to adopt the dates as set forth in the Proposed Order.

Date: April 23, 2010

SANDERS & PARKS P.C.

/s/ Michelle Breit Michelle Breit Attorneys for Plaintiff APPLIED SIGNAL TECHNOLOGY

Date: April 23, 2010

HARNESS, DICKEY & PIERCE, PLC

/s/ Rudolph Telscher Rudolph Telscher Attorneys for Defendants EMERGING MARKETS COMMUNICATIONS, INC. and EMC SATCOM TECHNOLOGIES, INC.

Date: April 23, 2010

FISH & RICHARDSON P.C.

/s/ Seth M. Sproul Seth M. Sproul Attorneys for Defendants PARADISE DATACOM, LLC and VIASAT, INC.

STIPULATED MOTION TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULE

Case No. 4:09-cv-02180-SBA -3-

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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 Rudolph Telscher and Seth M. Sproul.

SANDERS & PARKS P.C.

/s/ Michelle Breit Michelle Breit Attorneys for Plaintiff APPLIED SIGNAL TECHNOLOGY

STIPULATED MOTION TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULE

Case No. 4:09-cv-02180-SBA -4-

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STIPULATED MOTION TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULE

ORDER The Case Management Conference Schedule filed November 20, 2009 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 EMC's Supplemental Invalidity Contentions Comtech's Proposed Terms for Construction (Patent L.R. 4-1) Preliminary Claim Constructions (Patent L.R. 4-2) due Joint Claim Construction (Patent L.R. 4-3) due Claim Construction Expert reports (Patent L.R. 4-3) due L/D for discovery relating to Claim Construction (Patent L.R. 4-4) Opening Claim Construction Brief (in compliance with Patent L.R. 4-5(a)) Opposing Claim Construction Brief(s) (in compliance with Patent L.R. 4-5(b)) due Reply Claim Construction Brief(s) (in compliance with Patent L.R. 4-5 (c)) due Tutorial and Claim Construction Hearing (in compliance with Patent L.R. 4-6) Further Case Management Conference

DATE June 16, 2010 July 9, 2010 July 9, 2010 July 9, 2010 July 21, 2010 July 28, 2010 (currently April 26, 2010) August 18, 2010 (currently May 21, 2010) August 25, 2010 (currently May 21, 2010) September 15, 2010 (currently June 18, 2010) October 1, 2010 (currently July 6, 2010) October 21, 2010 (currently August 2, 2010) November 4, 2010 (currently August 25, 2010) December 2, 2010 @ 9:00 AM (currently September 23, 2010) December 2, 2010 @ 9:00 AM (currently September 23, 2010)

** Lead counsel for the EMC defendants currently has a trial scheduled that will conflict with the proposed December 2, 2010 Markman hearing date. The parties have agreed to select a different Markman hearing date with the cooperation of the Court if the conflict remains later in the year.

Dated: 4/26/10

___________________________________ SAUNDRA BROWN ARMSTRONG JUDGE, UNITED STATES DISTRICT COURT
Case No. 4:09-cv-02180-SBA -5-