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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1 2 3 4 5 6 William J. Robinson (State Bar No. 83729) email: wrobinson@foley.com Victor de Gyarfas (State Bar No. 171950) email: vdegyarfas@foley.com Justin M. Sobaje (State Bar No. 234165) email: jsobaje@foley.com FOLEY & LARDNER LLP 555 South Flower Street, Suite 3500 Los Angeles, CA 90071-2411 Telephone: 213-972-4500 Facsimile: 213-486-0065 10 Gina Bibby (State Bar No. 242657) email: gbibby@foley.com FOLEY & LARDNER LLP 975 Page Mill Road Palo Alto, CA 94304-1013 Telephone: 650-856-3700 Facsimile: 650-856-3710 11 Attorneys for Plaintiff FORMFACTOR, INC 7 8 9 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 FORMFACTOR, INC., a Delaware corporation, 17 Plaintiff, 18 CASE NO. 4:10-CV-03095-PJH (JCS) REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE v. 19 20 MICRO-PROBE INCORPORATED, a California corporation; and DAVID BROWNE, an individual, 21 Defendant. 22 23 24 25 26 27 28 WEST\225366194.1 REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE; CASE NO. 4:10-CV-03095-PJH (JCS) 1 Following several meet and confer conferences between counsel for the parties pursuant 2 to the Court’s Civil Minutes dated April 28, 2011 (Doc. 91), it is hereby stipulated, by and 3 between Plaintiff FormFactor, Inc. (“FormFactor”) and Defendants Micro-Probe Incorporated 4 (“Micro-Probe”) and David Browne (“Browne”) (collectively, the “Parties”), through their 5 respective counsel, subject to the approval of the Court, that the schedule below shall apply to the 6 Phase 1 proceedings in this action. 7 Event 8 9 Proposed Dates (Phase 1) Fact Discovery Cutoff Proposed Dates (Phase 2) March 30, 2012 10 Opening Expert Reports April 6, 2012 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1WEST\225366194.1 REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE; CASE NO. 4:10-CV-03095-PJH (JCS) 1 2 3 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 17 18 Pre-Trial Conference July 12, 2012 19 Trial (Phase 1) 20 Initial Case Management Conference (Phase 2) TBD 21 Disclosure of Asserted Claims and Infringement Contentions April 29, 2011 (Already Done) 22 Invalidity Contentions July 15, 2011 (Already Done) 4 5 6 7 8 9 10 11 12 13 14 15 16 23 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 27 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] 28 Joint Claim Construction Statement 24 25 26 September 12, -2WEST\225366194.1 REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE; CASE NO. 4:10-CV-03095-PJH (JCS) 1 2 3 2012 Discovery Related to Claim Construction Ends September 26, 2012 4 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 5 Answering Claim Construction Brief October 17, 2012 6 Reply Claim Construction Brief October 24, 2012 7 Claim Construction Hearing November 14, 2012 8 9 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3WEST\225366194.1 REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE; CASE NO. 4:10-CV-03095-PJH (JCS) 1 2 It is so ordered. S 11/7/11 Dated: _________________ UNIT ED yllis J. udge Ph NO 8 RT 9 J ER n Hamilto H 10 ORD 11 FO 7 O IT IS S R NIA United States District Court Judge ERED 6 LI 5 RT U O S DISTRICT TE C TA _____________________________ 4 A 3 ORDER N D IS T IC T R OF C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4WEST\225366194.1 REVISED STIPULATION AND [PROPOSED] ORDER RE PHASE 1 SCHEDULE; CASE NO. 4:10-CV-03095-PJH (JCS)

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