Backweb Technologies, Ltd v. Hewlett-Packard Company

Filing 65

STIPULATION AND ORDER TO AMEND CASE MANAGEMENT SCHEDULE re 64 Stipulation filed by Hewlett-Packard Company. Signed by Judge Phyllis J. Hamilton on 5/10/11. (nah, COURT STAFF) (Filed on 5/10/2011)

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Katherine Kelley Lutton (SBN 194971)
[e-mail]
Scott A. Penner (SBN 253716)
[e-mail]
Robert J. Kent (SBN 250905)
[e-mail]
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Ahmed J. Davis (admitted pro hac vice)
[e-mail]
Fish & Richardson P.C.
1425 K Street, N.W., Suite 1100
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

SPENCER HOSIE (SBN 101777)
[e-mail]
GEORGE F. BISHOP (SBN 89205)
[e-mail]
DIANE S. RICE (SBN 118303)
[e-mail]
WILLIAM P. NELSON
(CA Bar No. 196091)
[e-mail]
HOSIE RICE LLP
Transamerica Pyramid, 34th Floor
600 Montgomery Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
BACKWEB TECHNOLOGIES, LTD.

CHRISTOPHER O. GREEN
(admitted pro hac vice)
[e-mail]
FISH & RICHARDSON P.C.
1180 Peachtree Street, NE, 21st Floor
Atlanta, GA 30309
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
HEWLETT-PACKARD COMPANY

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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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BACKWEB TECHNOLOGIES, LTD.,

Case No. 4:10-CV-04311-PJH

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Plaintiff,
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v.

STIPULATION AND [PROPOSED] ORDER
TO AMEND CASE MANAGEMENT
SCHEDULE

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HEWLETT-PACKARD COMPANY,
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Defendant.
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Plaintiff BackWeb Technologies, Ltd. (“BackWeb”), defendant Hewlett-Packard Company
(“HP”), and International Business Machines Corporation (“IBM”) a defendant in BackWeb
STIPULATION AND [PROPOSED] ORDER TO
AMEND CASE MANAGEMENT SCHEDULE
Case No. 4:10-CV-04311-PJH

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Technologies, Ltd. v. International Business Machines Corporation, Case No. C 10-4310 PJH
(“BackWeb v. IBM”), hereby stipulate through their respective counsel of record as follows:

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WHEREAS the Initial Case Management Conference in BackWeb v. IBM was held as
scheduled on April 21, 2011; and

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WHEREAS, prior to the Initial Case Management Conference BackWeb and IBM jointly
submitted a Joint Case Management Statement outlining a schedule for claim construction which
joined the schedule for claim construction in BackWeb v. IBM; and

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WHEREAS, at the Initial Case Management Conference, the Court stated concerns
regarding joining the claim construction schedule in this case and BackWeb v. IBM because the
Court would not have sufficient time to properly perform claim construction if the parties in both
matters were each to submit separate briefs and attempt to construe 10 separate claim terms in
each matter; and

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WHEREAS, counsel for BackWeb and IBM represented that they thought an agreement to
consolidate would be possible whereby the parties in this matter and in BackWeb v. IBM could
agree to consolidate both the hearing and the related briefing process in a manner which would
reduce the burden on the Court and lead to greater efficiency in the claim construction process in
both matters; and

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WHEREAS, the Court instructed BackWeb and IBM to speak to HP regarding these
issues; and

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WHEREAS, BackWeb, IBM and HP (collectively “the parties”)1 have reached an
agreement which the parties hope will allow the Court sufficient time to properly perform claim
construction for both cases at the same time which is in the best interest of all parties and the
Court; and

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If the Court has any concerns regarding the stipulation, the parties would ask the Court for
an opportunity to jointly discuss any issues with the Court, either telephonically or in person.
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STIPULATION AND [PROPOSED] ORDER TO
AMEND CASE MANAGEMENT SCHEDULE
Case No. 4:10-CV-04311-PJH

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WHEREAS, the parties agree that they will work in good faith to limit the number of terms
for the Court to construe to ten (10) but if the parties are unable to limit it to ten (10) they will
jointly seek leave asking the Court to construe at most twelve (12) terms; and
WHEREAS, IBM and HP have agreed to file joint briefs; and
WHEREAS, the parties agree that they will work in good faith to stay within the page
limits dictated by the local rules for the Northern District of California but if they are unable to do
so, they will jointly seek leave from the Court to allow the parties to exceed the page limits by at
most ten (10) pages for the opening claim construction brief, under Local P.R. 4-5(a), and the
responsive claim construction brief, under Local P.R. 4-5(b); and
WHEREAS, the parties have also agreed to the Proposed Schedule attached hereto as
Exhibit A;
IT IS HEREBY STIPULATED by and between the parties that the Court may set the dates
set forth in the Proposed Schedule attached hereto as Exhibit A.

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Dated: May 3, 2011

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FISH & RICHARDSON P.C.
By: /s/ Robert J. Kent
Robert J. Kent

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Attorneys for Defendant
HEWLETT-PACKARD COMPANY

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Dated: May 3, 2011

HOSIE RICE LLP
By: /s/ George Bishop
George Bishop
Attorneys for Plaintiff
BACKWEB TECHNOLOGIES, LTD.

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STIPULATION AND [PROPOSED] ORDER TO
AMEND CASE MANAGEMENT SCHEDULE
Case No. 4:10-CV-04311-PJH

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under
penalty of perjury that concurrence in the filing of this document has been obtained from George
Bishop.

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Dated: May 3, 2011

FISH & RICHARDSON P.C.

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By: /s/ Robert J. Kent
Robert J. Kent

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Attorneys for Attorneys for Defendant
HEWLETT-PACKARD COMPANY

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STIPULATION AND [PROPOSED] ORDER TO
AMEND CASE MANAGEMENT SCHEDULE
Case No. 4:10-CV-04311-PJH

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: May ___, 2011

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R NIA

hyllis
Judge P

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J. Hami

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IT IS S

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The Honorable Phyllis J. Hamilton
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United States District ORDERE
O Judge

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STIPULATION AND [PROPOSED] ORDER TO
AMEND CASE MANAGEMENT SCHEDULE
Case No. 4:10-CV-04311-PJH

EXHIBIT A

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Event

Proposed Date

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Exchange of Proposed Terms and Claim
Elements for Construction [Pat. L.R. 4.1.a-b.]

June 1, 2011*

Simultaneous Exchange of Preliminary Claim
Constructions and Preliminary Identifications of
Extrinsic Evidence [Pat. L.R. 4.2.a-b.]

June 20, 2011*

Filing of Joint Claim Chart, Worksheet and
Hearing Statement [Pat. L.R. 4.3]

July 1, 2011*

Completion of Claim Construction Discovery
[Pat. L.R. 4.4]

July 1, 2011

Opening Claim Construction Brief [Pat. L.R.
4.5.a.]

July 8, 2011

Responsive Claim Construction Brief [Pat. L.R.
4.5.b]

July 22, 2011

Reply Claim Construction Brief [Pat. L.R. 4.5.c]

July 29, 2011

Tutorial

August 5, 2011

Claim Construction Hearing [Pat. L.R. 4.6]

August 31, 2011

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•

Dates with an asterisk represent changes from the existing schedule

50777991.doc

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STIPULATION AND [PROPOSED] ORDER TO
AMEND CASE MANAGEMENT SCHEDULE
Case No. 4:10-CV-04311-PJH