Formfactor, Inc. v. Micro-Probe Inc. et al

Filing 84

STIPULATION AND ORDER REGARDING FILING SECOND AMENDED COMPLAINT AND MODIFYING CASE SCHEDULE re 82 Stipulation filed by Formfactor, Inc. Claims Construction Hearing set for 2/22/2012 09:00 AM. Tutorial Hearing set for 2/10/2012 09:00 AM. Signed by Judge Phyllis J. Hamilton on 2/28/11. (nah, COURT STAFF) (Filed on 2/28/2011)

Formfactor, Inc. v. Micro-Probe Inc. et al

Doc. 84

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William J. Robinson (State Bar No. 83729) email: [e-mail] Victor de Gyarfas (State Bar No. 171950) email: [e-mail] Justin M. Sobaje (State Bar No. 234165) email: [e-mail] FOLEY & LARDNER LLP 555 South Flower Street, Suite 3500 Los Angeles, CA 90071-2411 Telephone: [phone] Facsimile: 213-486-0065 Gina Bibby (State Bar No. 242657) email: [e-mail] FOLEY & LARDNER LLP 975 Page Mill Road Palo Alto, CA 94304-1013 Telephone: [phone] Facsimile: 650-856-3710 Attorneys for FORMFACTOR, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION FORMFACTOR, INC., a Delaware corporation, Plaintiff, v. MICRO-PROBE INCORPORATED, a California corporation, and DAVID BROWNE, an individual, Judge: Honorable Phyllis J. Hamilton Defendants. CASE NO. 4:10-CV-10-03095 PJH (JCS) STIPULATION AND [PROPOSED] ORDER REGARDING FILING SECOND AMENDED COMPLAINT AND MODIFYING CASE SCHEDULE

IT IS HEREBY STIPULATED by and between Plaintiff FormFactor, Inc. ("FormFactor") and Defendants Micro-Probe Incorporated ("Micro-Probe") and David Browne ("Mr. Browne") (collectively, "Defendants"), by and through their counsel of record, as follows: WHEREAS, on July 14, 2010, FormFactor filed the Complaint for: Patent Infringement; Breach of Confidence and Conspiracy to Breach Confidence; and Unfair Competition.
STIPULATION/[PROPOSED] ORDER REGARDING FILING SECOND AMENDED COMPLAINT / MODIFYING CASE SCHEDULE / CASE NO. CV 10-03095 PJH (JCS)

Dockets.Justia.com

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WHEREAS, on August 20, 2010, FormFactor filed the First Amended Complaint for: Patent Infringement; Misappropriation of Trade Secrets and Conspiracy to Misappropriate Trade Secrets; Breach of Confidence and Conspiracy to Breach Confidence; and Unfair Competition. WHEREAS, on December 9, 2010, the Court held the initial Case Management Conference and issued a Minute Order in which the Court adopted Defendants' proposed schedule in the Joint Case Management Statement and set a Tutorial on September 30, 2011, at 9:00 a.m. and a Claim Construction hearing on October 12, 2011, at 9:00 a.m. WHEREAS, on February 2, 2011, FormFactor requested Defendants to stipulate to the filing of FormFactor's Second Complaint for: Patent Infringement; Misappropriation of Trade Secrets and Conspiracy to Misappropriate Trade Secrets; Breach of Confidence and Conspiracy to Breach Confidence; and Unfair Competition (the "SAC"), which, among other things, adds two claims for relief alleging infringement by Micro-Probe of two additional patents. A copy of the SAC was attached as Exhibit A to the prior version of this Stipulation (Dkt. 79). WHEREAS, Defendants agree to the filing of the SAC on the condition that the case schedule be modified by sixty days (or as close thereto as possible in light of weekends and the Court's calendar) as reflected in the "Proposed New Dates" column in the table set forth below. WHEREAS, the only previous time modifications in the case, whether by stipulation or Court order, have been (a) pursuant to stipulation filed September 2, 2010, the deadline for David Browne to respond to the complaint was extended by two weeks to September 21, 2010; and (b) pursuant to stipulation and Court Order (Dkt. No. 70), the deadline for lead counsel to meet and confer by six days to February 17, 2011. WHEREAS, while the Court in its February 23, 2012 Minute Order following the hearing on Micro-Probe's Motion for Stay approved a new tutorial date of January 13, 2012 and a new claim construction date of January 25, 2012, it turns out that no date in January 2012 works for FormFactor's counsel Robinson, who will be on a vacation to Antarctica during all of January 2012 and the January 13, 2012 date also does not work for Micro-Probe's counsel Fowler, who is committed to a Markman hearing in another case on that date. /// -2STIPULATION/[PROPOSED] ORDER REGARDING FILING SECOND AMENDED COMPLAINT / MODIFYING CASE SCHEDULE / CASE NO. CV 10-03095 PJH (JCS)

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NOW, THEREFORE, the parties, by and through their counsel, hereby stipulate and respectfully request the Court order as follows: 1. 2. Subject to the Court's approval, FormFactor may file the SAC. Subject to the Court's approval and any modifications made by the Court based

upon the Court's availability to hold the Tutorial and Claim Construction Hearing, the case schedule will be modified as set forth in the "Proposed New Dates" column in the following table: EVENT (Patent Local Rule) Initial Disclosures Case Management Conference Infringement Contentions (3-1, 3-2) Invalidity Contentions (3-3, 3-4) Exchange Claim Terms (4-1) Meet and Confer re Claim Terms (4-1(b)) Exchange Claim Constructions (4-2) Meet and Confer re Claim Constructions (4-2c) Joint Claim Construction Statement (4-3) Close Claim Construction Discovery (4-4) Patentee's Claim Construction Brief (4-5a) Opposing Claim Construction Brief (4-5b) Reply Claim Construction Brief (4-5c) Tutorial Claim Construction Hearing (4-6) Current Dates Already done December 9, 2010 March 1, 2011 May 16, 2011 May 30, 2011 June 13, 2011 June 20, 2011 July 5, 2011 July 14, 2011 August 12, 2011 August 29, 2011 September 12, 2011 September 19, 2011 September 30, 2011 October 12, 2011 Proposed New Dates Completed Completed April 29, 2011 July 15, 2011 July 29, 2011 August 12, 2011 August 19, 2011 September 2, 2011 September 12, 2011 October 11, 2011 November 28, 2011 December 12, 2011 December 19, 2011 February 10, 2012 February 22, 2012

Dated: February 25, 2011

FOLEY & LARDNER LLP By: /s/ William J. Robinson William J. Robinson Victor de Gyarfas Gina A. Bibby Justin M. Sobaje Attorneys for Plaintiff FORMFACTOR, INC.

-3STIPULATION/[PROPOSED] ORDER REGARDING FILING SECOND AMENDED COMPLAINT / MODIFYING CASE SCHEDULE / CASE NO. CV 10-03095 PJH (JCS)

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Dated: February 25, 2011

DLA PIPER LLP (US) By: /s/ Michael G. Schwartz Mark Fowler Ronald L. Yin Michael G. Schwartz Saori Kaji Attorneys for Defendant MICRO-PROBE INCORPORATED

Dated: February 25, 2011

LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ Deborah F. Sirias Deborah F. Sirias Attorneys for DAVID BROWNE

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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CERTIFICATE OF CONCURRENCE

I hereby attest that concurrence in the filing of this document have been obtained from counsel for Micro-Probe, Inc. and David Browne. Dated: February 25, 2011 FOLEY & LARDNER LLP By: /s/ William J. Robinson William J. Robinson Attorneys for Plaintiff FORMFACTOR, INC.

CERTIFICATE OF CONCURRENCE CASE NO. CV 10-03095 PJH (JCS)