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

Filing 95

REVISED STIPULATION AND ORDER RE PHASE 1 SCHEDULE re 94 Stipulation filed by Micro-Probe Inc. Signed by Judge Phyllis J. Hamilton on 11/7/11. (nah, COURT STAFF) (Filed on 11/7/2011)

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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

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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

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Attorneys for Plaintiff FORMFACTOR, INC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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FORMFACTOR, INC., a Delaware
corporation,

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Plaintiff,
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CASE NO. 4:10-CV-03095-PJH (JCS)

REVISED STIPULATION AND
[PROPOSED] ORDER RE PHASE 1
SCHEDULE

v.
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MICRO-PROBE INCORPORATED, a
California corporation; and DAVID
BROWNE, an individual,

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Defendant.
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REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE;
CASE NO. 4:10-CV-03095-PJH (JCS)

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Following several meet and confer conferences between counsel for the parties pursuant

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to the Court’s Civil Minutes dated April 28, 2011 (Doc. 91), it is hereby stipulated, by and

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between Plaintiff FormFactor, Inc. (“FormFactor”) and Defendants Micro-Probe Incorporated

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(“Micro-Probe”) and David Browne (“Browne”) (collectively, the “Parties”), through their

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respective counsel, subject to the approval of the Court, that the schedule below shall apply to the

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Phase 1 proceedings in this action.

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Event

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Proposed Dates
(Phase 1)

Fact Discovery Cutoff

Proposed
Dates (Phase 2)

March 30, 2012

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Opening Expert Reports

April 6, 2012

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Rebuttal Expert Reports

April 27, 2012

Expert Discovery Cutoff

May 11, 2012

Summary Judgment Hearing

June 7, 2012

Meet and confer regarding preparation of joint trial
statement [35 days prior to pre-trial conference per Judge
Hamilton’s Standing Order on Pretrial Instructions, Sec.
B2]

June 7, 2012

Joint Pretrial Statement, Serve and File [due 28 days prior
to pre-trial conference per Judge Hamilton’s Standing
Order on Pretrial Instructions, Sec. B3]

June 14, 2012

Trial Briefs, Serve and File [due 28 days prior to pre-trial
conference per Judge Hamilton’s Standing Order on
Pretrial Instructions, Sec. B3]

June 14, 2012

Motions In Limine (no more than 10 allowed), Serve and
File [due 28 days prior to pre-trial conference per Judge
Hamilton’s Standing Order on Pretrial Instructions, Sec.
B3]

June 14, 2012

Deposition excerpts for witnesses who will not testify in
person and other discovery responses that would be
offered in trial, Serve and File [due 28 days prior to pre-trial
conference per Judge Hamilton’s Standing Order on
Pretrial Instructions, Sec. B3]

June 14, 2012

List of All Witnesses to Testify in Trial (with brief
description of the substance of their statement), Serve and
File [due 28 days prior to pre-trial conference per Judge
Hamilton’s Standing Order on Pretrial Instructions, Sec.
B3]

June 14, 2012

Numerical list of exhibits (with purpose and names of

June 14, 2012

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REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE;
CASE NO. 4:10-CV-03095-PJH (JCS)

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sponsoring witnesses), Serve and File [due 28 days prior
to pre-trial conference per Judge Hamilton’s Standing
Order on Pretrial Instructions, Sec. B3]
Exchange of pre-marked exhibits [due 28 days prior to pretrial conference per Judge Hamilton’s Standing Order on
Pretrial Instructions, Sec. B3]

June 14, 2012

All premarked exhibits, Submit to Court (2 sets for jury
trials) [due 28 days prior to pre-trial conference per Judge
Hamilton’s Standing Order on Pretrial Instructions, Sec.
B3]

June 14, 2012

Request for confidential treatment of any exhibits, Serve
and File [due 28 days prior to pre-trial conference per
Judge Hamilton’s Standing Order on Pretrial Instructions,
Sec. B3]

June 14, 2012

Joint Voire Dire Questions and Joint Jury Instructions,
Serve and File [due 28 days prior to pre-trial conference
per Judge Hamilton’s Standing Order on Pretrial
Instructions, Sec. B3]

June 14, 2012

Proposed finding of fact and conclusions of law, Serve and
File [due 28 days prior to pre-trial conference per Judge
Hamilton’s Standing Order on Pretrial Instructions, Sec.
B3]

June 14, 2012

Proposed Verdict Form (with no reference to submitting
party), Serve and File [due 28 days prior to pre-trial
conference per Judge Hamilton’s Standing Order on
Pretrial Instructions, Sec. B3]

June 14, 2012

Oppositions to Motions In Limine [due not less than 14
days prior to pre-trial conference per Judge Hamilton’s
Standing Order on Pretrial Instructions, Sec. B5]

June 28, 2012

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Pre-Trial Conference

July 12, 2012

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Trial (Phase 1)

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Initial Case Management Conference (Phase 2)

TBD

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Disclosure of Asserted Claims and Infringement
Contentions

April 29, 2011
(Already Done)

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Invalidity Contentions

July 15, 2011
(Already Done)

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August 6, 2012

Exchange of Proposed Terms for Construction

July 2, 2012

Exchange of Preliminary Claim Construction and Extrinsic
Evidence

July 9, 2012
August 29, 2012

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Party to demonstrate good cause if it is seeking more than
ten terms to be construed [no later than 2 weeks prior to
the Joint Claim Construction Statement Judge Hamilton’s
Patent Standing Order point 4]

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Joint Claim Construction Statement

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September 12,

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REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE;
CASE NO. 4:10-CV-03095-PJH (JCS)

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2012
Discovery Related to Claim Construction Ends

September 26,
2012

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Opening Claim Construction Brief [to be filed at least 6
weeks prior to claim construction hearing per Judge
Hamilton’s Patent Standing Order point 8]

October 3, 2012

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Answering Claim Construction Brief

October 17, 2012

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Reply Claim Construction Brief

October 24, 2012

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Claim Construction Hearing

November 14,
2012

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Dated: November 1, 2011

/s/ William J. Robinson
William J. Robinson
FOLEY & LARDNER LLP
Attorneys for Formfactor, Inc.

Dated: November 1, 2011

/s/ Mark Fowler
Mark Fowler
DLA Piper LLP (US)
Attorneys for Micro-Probe, Inc.

Dated: November 1, 2011

/s/ Deborah F. Sirias
Deborah F. Sirias
Lewis Brisbois Bisgaard & Smith LLP
Attorneys for David Browne

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REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE;
CASE NO. 4:10-CV-03095-PJH (JCS)

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It is so ordered.

S

11/7/11
Dated: _________________

UNIT
ED

yllis J.
udge Ph

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United States District Court Judge
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_____________________________

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ORDER

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REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE;
CASE NO. 4:10-CV-03095-PJH (JCS)