Backweb Technologies, Ltd v. Hewlett-Packard Company

Filing 26

STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT re 25 Stipulation, filed by Backweb Technologies, Ltd. Signed by Judge Phyllis J. Hamilton on 11/29/10. (nah, COURT STAFF) (Filed on 11/29/2010)

Backweb Technologies, Ltd v. Hewlett-Packard Company

Doc. 26

1 2 3 4 5 6 7 8

SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] GEORGE F. BISHOP (CA Bar No. 89205) [e-mail] DIANE S. RICE (CA Bar No. 118303) [e-mail] HOSIE RICE LLP 188 The Embarcadero, Suite 750 San Francisco, CA 94105 [phone] Tel. [phone] Fax

9 Attorneys for Plaintiff BACKWEB TECHNOLOGIES, LTD. 10 11 12 13 14 15 BACKWEB TECHNOLOGIES, LTD., 16 17 v. 18 HEWLETT-PACKARD COMPANY, 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT CASE NO. C 10-4311 PJH
Dockets.Justia.com

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Plaintiff,

Case No. C 10-4311 PJH STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Defendant.

1 2 3 4 5

Plaintiff BackWeb Technologies, Ltd. ("Plaintiff") and defendant HewlettPackard Company ("Defendant"), hereby stipulate through their respective counsel of record as follows: WHEREAS, on or about September 24, 2010, Plaintiff served its Original Complaint

6 upon Defendant; 7
WHEREAS, Plaintiff's Complaint alleges counts for patent infringement, including

8 direct infringement, induced infringement, contributory infringement and willful 9 infringement; 10 WHEREAS, Defendant filed its First Motion to Dismiss in Part Count 1 of Plaintiff's 11 Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) for Failure to State A Claim on or about 12 November 5, 2010 (challenging the sufficiency of the allegations of induced infringement, 13 14 contributory infringement and willful infringement); 15
WHEREAS, Plaintiff has drafted its First Amended Complaint, in order to allege in

16 more detail facts stating claims for relief for induced infringement, contributory infringement 17 18 19 20
and willful infringement; WHEREAS, Defendant and Plaintiff have agreed and stipulated to Plaintiff's filing of the First Amended Complaint, and to Defendant's withdrawal of its current motion to dismiss

21 (without prejudice to Defendant's right to file a subsequent motion, to dismiss the First 22 Amended Complaint, should it dispute the sufficiency of those allegations), and that it would 23 be more expeditious for any motion practice on the pleadings to be with respect to the more 24 detailed pleading stated in the First Amended Complaint; and 25 26 27 28
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

WHEREAS, no trial date has yet been set in this action;

1

CASE NO. C 10-4311 PJH

1

WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that

2 Plaintiff may have leave to file its First Amended Complaint, attached hereto as Exhibit 1. 3 Plaintiff and Defendant, through their respective counsel of record, have agreed to this filing. 4 5 6 7 8 9 10 11 12 13 14 15
I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic /s/ Shelley K. Mack By: _____________________________ Shelley K. Mack Attorneys for Defendant Hewlett-Packard Company By: ___/s/ George Bishop___________ George Bishop Attorneys for Plaintiff BackWeb Technologies, Ltd. FISH & RICHARDSON P.C. DATED: November 22, 2010 HOSIE RICE LLP

16 filing of this document has been obtained from the other signatories. 17 DATED: November 22, 2010 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

/s/ George Bishop _______________________________ George Bishop

2

CASE NO. C 10-4311 PJH

1 2 3

PURSUANT TO STIPULATION IT IS ORDERED THAT Leave to file Plaintiff's First Amended Complaint is GRANTED.

UNIT ED

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Honorable Phyllis J. Hamilton U.S. DISTRICT COURT JUDGE D

S

4 Dated: November __, 2010 29

S DISTRICT TE C ________________________________ TA

RT U O

J

ER

N

D IS T IC T R

OF

3

CASE NO. C 10-4311 PJH

A

C

LI

FO

yllis J. udge Ph

Hamilto

n

R NIA

O OR IT IS S

DERE

NO

RT

H