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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Katherine Kelley Lutton (SBN 194971) lutton@fr.com Scott A. Penner (SBN 253716) penner@fr.com Robert J. Kent (SBN 250905) rjkent@fr.com FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Ahmed J. Davis (admitted pro hac vice) davis@fr.com Fish & Richardson P.C. 1425 K Street, N.W., Suite 1100 Washington, DC 20005 Telephone: (202) 783-5070 Facsimile: (202) 783-2331 SPENCER HOSIE (SBN 101777) shosie@hosielaw.com GEORGE F. BISHOP (SBN 89205) gbishop@hosielaw.com DIANE S. RICE (SBN 118303) drice@hosielaw.com WILLIAM P. NELSON (CA Bar No. 196091) wnelson@hosielaw.com HOSIE RICE LLP Transamerica Pyramid, 34th Floor 600 Montgomery Street San Francisco, CA 94111 Telephone: (415) 247-6000 Facsimile: (415) 247-6001 Attorneys for Plaintiff BACKWEB TECHNOLOGIES, LTD. CHRISTOPHER O. GREEN (admitted pro hac vice) cgreen@fr.com FISH & RICHARDSON P.C. 1180 Peachtree Street, NE, 21st Floor Atlanta, GA 30309 Telephone: (404) 892-5005 Facsimile: (404) 892-5002 15 16 Attorneys for Defendant HEWLETT-PACKARD COMPANY 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 (OAKLAND DIVISION) 20 BACKWEB TECHNOLOGIES, LTD., Case No. 4:10-CV-04311-PJH 21 Plaintiff, 22 v. STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT SCHEDULE 23 HEWLETT-PACKARD COMPANY, 24 Defendant. 25 26 27 28 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 1 2 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: 3 4 WHEREAS the Initial Case Management Conference in BackWeb v. IBM was held as scheduled on April 21, 2011; and 5 6 7 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 8 9 10 11 12 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 13 14 15 16 17 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 18 19 WHEREAS, the Court instructed BackWeb and IBM to speak to HP regarding these issues; and 20 21 22 23 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 24 25 26 27 28 1 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. 2 STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT SCHEDULE Case No. 4:10-CV-04311-PJH 1 2 3 4 5 6 7 8 9 10 11 12 13 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. 14 15 16 Dated: May 3, 2011 17 FISH & RICHARDSON P.C. By: /s/ Robert J. Kent Robert J. Kent 18 19 Attorneys for Defendant HEWLETT-PACKARD COMPANY 20 21 22 23 24 25 Dated: May 3, 2011 HOSIE RICE LLP By: /s/ George Bishop George Bishop Attorneys for Plaintiff BACKWEB TECHNOLOGIES, LTD. 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT SCHEDULE Case No. 4:10-CV-04311-PJH FILER’S ATTESTATION 1 2 3 4 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. 5 6 Dated: May 3, 2011 FISH & RICHARDSON P.C. 7 8 By: /s/ Robert J. Kent Robert J. Kent 9 10 Attorneys for Attorneys for Defendant HEWLETT-PACKARD COMPANY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT SCHEDULE Case No. 4:10-CV-04311-PJH 1 2 [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 3 10 DATED: May ___, 2011 ER H 11 12 R NIA hyllis Judge P lton J. Hami FO RT 10 IT IS S NO 9 The Honorable Phyllis J. Hamilton D United States District ORDERE O Judge LI 8 UNIT ED 7 S DISTRICT TE C TA RT U O 6 S 5 A 4 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT SCHEDULE Case No. 4:10-CV-04311-PJH EXHIBIT A 1 2 Event Proposed Date 3 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 4 5 6 7 8 9 10 11 12 13 14 15 • Dates with an asterisk represent changes from the existing schedule 50777991.doc 16 17 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT SCHEDULE Case No. 4:10-CV-04311-PJH

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