Affinity Labs of Texas, LLC v. Apple, Inc.

Filing 69

ORDER re 67 Granting Stipulation and Joint Request Regarding Patent Local Rule 3-1, 3-3, and 3-4 Disclosures. Signed by Judge Claudia Wilken on 6/22/2010. (ndr, COURT STAFF) (Filed on 6/22/2010)

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Richard L. Seabolt, Esq. (SBN 67469) [e-mail] DUANE MORRIS LLP Spear Tower One Market Plaza, Suite 2200 San Francisco, CA 94105-1127 Telephone: [phone] Facsimile: 415.957.3001 Attorneys for Plaintiff, AFFINITY LABS OF TEXAS, LLC GEORGE A. RILEY (S.B. #118304) [e-mail] O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, California 94111-3823 Telephone: [phone] Facsimile: 415.984.8701 Attorneys for Defendant and Counterclaim-Plaintiff APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION AFFINITY LABS OF TEXAS, LLC., a Texas Limited Liability Company, Plaintiff and Counterclaim-Defendant, v. APPLE INC., a California Corporation, Defendant and Counterclaim-Plaintiff. CASE NO. CV 09-4436-CW

CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER
Judge: Hon. Claudia Wilken

CASE NO. C-09-04436 CW

CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER

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IT IS HEREBY STIPULATED by and between Plaintiff and Counterclaim-Defendant Affinity Labs of Texas, LLC ("Affinity") and Defendant and Counterclaim-Plaintiff Apple Inc. ("Apple") as follows: WHEREAS, Affinity served Patent Local Rule 3-1 Infringement Contentions on May 10, 2010, pursuant to the deadlines dictated by the Joint Rule 26(f) report (Docket No. 54) and the Minute Order and Case Management Order (Docket No. 64). WHEREAS, Affinity indicated to Apple that it would seek leave from the Court (pursuant to Patent Local Rule 3-6) to serve amended Patent Local Rule 3-1 Infringement Contentions, asserting two additional claims of U.S. Patent No. 7,187,947, and Apple agreed not to oppose Affinity's efforts to amend its Infringement Contentions; WHEREAS, pursuant to the Joint Rule 26(f) report (Docket No. 54) and the Minute Order and Case Management Order (Docket No. 64), Apple is required to serve by June 24, 2010, its Patent Local Rule 3-3 Invalidity Contentions and its Patent Local Rule 3-4 Document Production Accompanying the Invalidity Contentions; WHEREAS, Apple indicated to Affinity that although Apple is working diligently to meet the current deadlines, Apple needs additional time to complete its Patent Local Rule 3-3 Invalidity Contentions and its Patent Local Rule 3-4 Document Production Accompanying the Invalidity Contentions; WHEREAS, Affinity and Apple wish to modify the current schedule to allow Apple additional time to complete its Patent Local Rule 3-3 Invalidity Contentions and its Patent Local Rule 3-4 Document Production Accompanying the Invalidity Contentions; WHEREAS, the parties have not previously sought any time modifications related to the foregoing contentions; WHEREAS, the parties' proposed modification will not impact the trial date or any other dates in this action; NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES HERETO, THROUGH THEIR RESPECTIVE COUNSEL AND SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS:
CASE NO. C-09-04436 CW

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CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER

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Apple shall serve its Patent Local Rule 3-3 Invalidity Contentions and its Patent Local Rule 3-4 Document Production Accompanying the Invalidity Contentions on or before July 19, 2010; and Affinity shall be permitted to amend its Patent Local Rule 3-1 Infringement Contentions to add dependent claims 11 and 12 of U.S. Patent No. 7,187,947. Dated: June 21, 2010 GEORGE A. RILEY RYAN K. YAGURA DARIN J. GLASSER NICHOLAS J. WHILT O'MELVENY & MYERS LLP

By: /s/ Darin J. Glasser Darin J. Glasser Attorneys for Defendant and CounterclaimPlaintiff APPLE INC. Dated: June 21, 2010 RICHARD L. SEABOLT L. NORWOOD JAMESON MATTHEW C. GAUDET DUANE MORRIS LLP

By: /s/ Matthew C. Gaudet Matthew C. Gaudet Attorneys for Plaintiff and CounterclaimDefendant AFFINITY LABS OF TEXAS, LLC

CASE NO. C-09-04436 CW

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CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER

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Pursuant to General Order No. 45 X(B), I hereby attest that concurrence in the filing of this document has been obtained from Richard L. Seabolt. Dated: June 21, 2010 GEORGE A. RILEY RYAN K. YAGURA DARIN J. GLASSER NICHOLAS J. WHILT O'MELVENY & MYERS LLP

By: /s/ Darin J. Glasser Darin J. Glasser Attorneys for Defendant and CounterclaimPlaintiff APPLE INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

6/22/2010 Dated:______________

_______________________________________ Honorable Claudia Wilken United States District Judge

CASE NO. C-09-04436 CW

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CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER