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

Filing 82

ORDER GRANTING 78 Stipulation Civil Local Rule 6-2(a). Signed by Judge Claudia Wilken on 12/23/2010. (ndr, COURT STAFF) (Filed on 12/23/2010)

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Richard L. Seabolt, Esq. (SBN 67469) DUANE MORRIS LLP Spear Tower One Market Plaza, Suite 2200 San Francisco, CA 94105-1127 Telephone: [phone] Facsimile: 415.957.3001 Email: [e-mail] L. Norwood Jameson (admitted pro hac vice) Matthew C. Gaudet (admitted pro hac vice) DUANE MORRIS LLP Atlantic Center Plaza 1180 West Peachtree Street N.W., Suite 700 Atlanta, GA 30309-3448 Telephone: [phone] Facsimile: 404.581.5951 E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Plaintiff, Affinity Labs of Texas, LLC

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 ORDER Judge: Hon. Claudia Wilken

CV 09-4436-CW

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

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IT IS HEREBY STIPULATED by and between Plaintiff Affinity Labs of Texas, LLC ("Affinity") and Defendant Apple Inc. ("Apple") as follows: WHEREAS, pursuant to the Joint Rule 26(f) report (Docket No. 54) and the Minute Order and Case Management Order (Docket No. 64), the parties' Joint Claim Construction and Prehearing Statement pursuant to Patent L.R. 4-3 is due January 13, 2011, the close of fact discovery is scheduled for February 1, 2011, designation of expert witnesses and exchange of initial expert reports is scheduled for February 15, 2011, designation of rebuttal expert witnesses and exchange of rebuttal expert reports is scheduled for March 15, 2011, and the completion of expert discovery is scheduled for April 12, 2011; WHEREAS, the parties need additional time to complete their discovery obligations, expert reports, and expert discovery; WHEREAS, the parties seek to set a date by which the parties shall work in good faith to complete their respective document productions; WHEREAS, the parties seek to set a date by which the parties shall work in good faith to complete fact witness depositions; WHEREAS, the parties seek to extend the deadline to file the Joint Claim Construction and Prehearing Statement pursuant to Patent L.R. 4-3; WHEREAS, the parties wish to modify the current schedule to allow the parties to have additional time to complete their discovery obligations, expert reports, and expert discovery; WHEREAS, Affinity served its Second Amended Infringement Contentions on December 9, 2010, and Apple wishes to extend the current deadline to serve its Amended Invalidity Contentions; WHEREAS, the parties' proposed modifications will not impact the trial date, Markman date, dispositive motion date, or any other dates not listed below; 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:

CV 09-4436-CW

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

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1. Apple shall serve amended Patent L.R. 3-3 Invalidity Contentions on or before January 5, 2011; 2. The parties shall work in good faith to complete their respective document productions on or before January 24, 2011; 3. The deadline for the parties to file the Joint Claim Construction and Prehearing Statement pursuant to Patent L.R. 4-3 shall be extended from January 13, 2011 to January 27, 2011; 4. The parties shall work in good faith to complete fact witness depositions on or before March 1, 2011; 5. The close of fact discovery shall be extended from February 1, 2011 to March 11, 2011; 6. The deadline for designation of expert witnesses and exchange of initial expert reports shall be extended from February 15, 2011 to March 15, 2011; 7. The deadline for designation of rebuttal experts and exchange of rebuttal expert reports shall be extended from March 15, 2011 to April 5, 2011; 8. The close of expert discovery shall be extended from April 12, 2011 to April 19, 2011. Dated: December 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 AFFINITY LABS OF TEXAS, LLC

CV 09-4436-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 Darin J. Glasser.

Dated: December 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 AFFINITY LABS OF TEXAS, LLC Dated: December 21, 2010 GEORGE A. RILEY DARIN W. SNYDER RYAN K. YAGURA DARIN J. GLASSER NICHOLAS J. WHILT O'MELVENY & MYERS LLP

By: /s/ Darin J. Glasser Darin J. Glasser Attorneys for Defendant APPLE INC. PURSUANT TO STIPULATION, IT IS SO ORDERED,

Dated: 12/23/2010

_______________________________________ Honorable Claudia Wilken United States District Judge

DM1\2444521.1

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CV 09-4436-CW CIVIL LOCAL RULE 6-2(a) STIPULATION AND [PROPOSED] ORDER

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