Brilliant Instruments, Inc. v. GuideTech, Inc.

Filing 165

ORDER Granting 164 Stipulated REQUEST TO EXTEND BRIEFING DEADLINES AND HEARING DATE FOR BRILLIANTS MOTION FOR ATTORNEY FEES AND NON-TAXABLE COSTS. Responses due by 10/18/2011. Replies due by 11/1/2011. Signed by Judge Claudia Wilken on 9/28/2011. (ndr, COURT STAFF) (Filed on 9/28/2011)

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KILPATRICK TOWNSEND & STOCKTON LLP
THEODORE T. HERHOLD (State Bar No. 122895)
ROBERT J. ARTUZ (State Bar No. 227789)
BYRON R. CHIN (State Bar No. 259846)
379 Lytton Avenue
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant and Counterclaimant GUIDETECH, LLC

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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BRILLIANT INSTRUMENTS, INC.,

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Plaintiff and Counterdefendant,

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v.

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GUIDETECH, INC.

Case No. C09-05517 CW (JCS)
STIPULATED REQUEST TO EXTEND
BRIEFING DEADLINES AND
HEARING DATE FOR BRILLIANT’S
MOTION FOR ATTORNEY FEES AND
NON-TAXABLE COSTS, AND ORDER

Defendant and Counterclaimant.

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Plaintiff and Counterdefendant Brilliant Instruments, Inc. (“Brilliant”), and
Defendant and Counterclaimant GuideTech, LLC (“GuideTech”), hereby submit their Stipulated
Request to Extend Briefing Deadlines and Hearing Date.
On September 20, 2011, Brilliant filed its Motion for Attorney Fees and Non-Taxable
Costs (35 U.S.C. § 285) (Dkt. 147), and its Bill of Costs (Dkt. 145). On September 23, 2011,
pursuant to the Clerk’s Notice of September 21, 2011 to re-notice the hearing date for a Thursday,
Brilliant re-noticed the hearing date for its Motion for Attorney Fees for Thursday, October 27,
2011 (Dkt. 159). This hearing date was confirmed by a docket entry on September 26, 2011.

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STIPULATED REQUEST TO EXTEND BRIEFING SCHEDULE AND HEARING DATE FOR BRILLIANT’S MOTION FOR ATTORNEY
FEES AND NON-TAXABLE COSTS, AND PROPOSED ORDER - CASE NO. C09-05517 CW (JCS)

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Under the present schedule, GuideTech’s Opposition to Brilliant’s Motion shall be filed by
October 4, 2011, and Brilliant’s Reply shall be filed by October 11, 2011. GuideTech’s Objection
to the Bill of Costs shall be filed by October 4, 2011.

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GuideTech asked Brilliant if it was willing to extend the briefing deadlines, and reschedule
the hearing date for its Motion to accommodate the schedule of GuideTech’s lead counsel. After
conferring on potential dates and consulting the Court’s calendar, the parties have agreed upon a
new hearing date of November 17, 2011. The parties have also agreed to extend the briefing
deadlines to provide GuideTech with an extra two weeks to file its Opposition and Objection, and
to provide Brilliant with an extra week to file its Reply.

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The Court has granted two previous time modifications in this case. First, the Court
granted in part an extension of claim construction briefing under the Patent Local Rules. (Dkt.
79.) The Court also granted the parties’ joint request to move the trial date and pretrial briefing.
(Dkt. 136.) The present time modification would have no impact on the schedule of the case; the
Court has granted summary judgment of noninfringment in favor of Brilliant (Dkt. 137), and
entered judgment in favor of Brilliant and against GuideTech (Dkt 142).

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Accordingly, pursuant to Local Rule 6-2, the parties stipulate to the following briefing and
hearing schedule, and seek an Order from the Court approving the stipulation:

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GuideTech’s Opposition shall be filed and served on October 18, 2011.

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Brilliant’s Reply shall be filed and served on November 1, 2011.

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Brilliant’s Motion for Attorney Fees and Non-Taxable Costs (35 U.S.C. § 285) shall be
heard by the Court on November 17, 2011.

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DATED: September 27, 2011

Respectfully submitted,

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SILICON EDGE LAW GROUP LLP

KILPATRICK TOWNSEND & STOCKTON LLP

By:

By:

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/s/ Thomas W. Lathram
Thomas W. Lathram
Attorneys for Brilliant Instruments, Inc.

/s/ Byron R. Chin
Byron R. Chin
Attorneys for GuideTech LLC

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STIPULATED REQUEST TO EXTEND BRIEFING SCHEDULE AND HEARING DATE FOR BRILLIANT’S MOTION FOR ATTORNEY
FEES AND NON-TAXABLE COSTS, AND PROPOSED ORDER - CASE NO. C09-05517 CW (JCS)

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Motion will be decided on the
papers.

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9/28/2011
Dated: _______________________

_____________________________________
Claudia Wilken
United Stated District Judge

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STIPULATED REQUEST TO EXTEND BRIEFING SCHEDULE AND HEARING DATE FOR BRILLIANT’S MOTION FOR ATTORNEY
FEES AND NON-TAXABLE COSTS, AND PROPOSED ORDER - CASE NO. C09-05517 CW (JCS)

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ATTESTATION CLAUSE REGARDING SIGNATURES

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty
of perjury that I have on file permission to sign for counsel, as indicated by a “conformed” signature
(/s/) within this e-filed document.

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DATED: September 27, 2011

Respectfully submitted,

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KILPATRICK TOWNSEND & STOCKTON LLP
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By:
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/s/ Byron R. Chin
BYRON R. CHIN
Attorneys for Defendant and Counterclaimant
GUIDETECH LLC

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63740313 v1

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STIPULATED REQUEST TO EXTEND BRIEFING SCHEDULE AND HEARING DATE FOR BRILLIANT’S MOTION FOR ATTORNEY
FEES AND NON-TAXABLE COSTS, AND PROPOSED ORDER - CASE NO. C09-05517 CW (JCS)

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