Athena Feminine Technologies Inc. v. Wilkes et al

Filing 117

ORDER by Judge Saundra Brown Armstrong GRANTING 116 Stipulation Setting Deadlines for Claim Construction Hearing. Claim Construction Hearing and Case Management Conference set for 02/27/13 at 10:00 AM. Joint Case Management Statements due by 02/20/ 13. Joint Claim Construction Statements to be served by 11/12/12; Opening Briefs and Evidence to filed/served by 12/6/12; Opposition Brief and Evidence to be filed/served by 12/20/12; Reply Brief to filed/served by 02/06/13. Signed by Judge Saundra Brown Armstrong, on 08/28/12 (jlm, COURT STAFF) (Filed on 8/28/2012)

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JACK RUSSO (State Bar No. 96068)
CHRISTOPHER SARGENT (State Bar No. 246285)
COMPUTERLAW GROUP LLP
401 Florence Street
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendants
DEREK WILKES, PELFIT
TECHNOLOGIES, LLC, MORTON CORDELL
AND SILK ROAD ASSOCIATES, LLC

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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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ATHENA FEMININE TECHNOLOGIES, INC.,

Case No.: 4:10-cv-04868-SBA

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Plaintiff,
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v.

STIPULATION AND [PROPOSED] ORDER
SETTING DEADLINES FOR CLAIM
CONSTRUCTION HEARING

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DEREK WILKES, PELFIT TECHNOLOGIES
LLC, MORTON CORDELL, SILK ROAD
ASSOCIATES LLC, SIMON FAN and KING
CHAMPION (HONG KONG) LTD,
Defendants.

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Computerlaw
Group LLP
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Stipulation and [Proposed] Order Setting
Deadlines for Claim Construction Hearing

Case No. 4:10-cv-04868-SBA

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This Mutual Stipulation is hereby entered into between Plaintiff Athena Feminine

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Technologies, Inc. (“Plaintiff” or “Athena”) and Defendants Derek Wilkes, Pelfit Technologies,

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LLC, Morton Cordell, and Silk Road Associates LLC, (collectively, “Defendants” and with Plaintiff,

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the “Parties”) by their respective counsel.

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Following and as part of the Settlement Conference held on August 24, 2012 before Hon.

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Donna Ryu, the Parties request that the previously submitted [Proposed] Order Setting Deadlines for

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Claim Construction Hearing be replaced by the following schedule moving the deadlines discussed at

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the Case Management Conference on June 28, 2012 by approximately thirty (30) days.

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Accordingly, the Court hereby sets the following deadlines for the parties’ obligations
pursuant to the patent local rules:
1. Disclosure of Asserted Claims and Infringement Contentions (LR31) to be served by:

July 30, 2012

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2. Invalidity Contentions (LR3-3) to be served by:

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3. List of Claim Terms to be construed by the court (LR4-1(a)) to be

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served by:

September 27, 2012

October 15, 2012

4. Exchange of Proposed Constructions of Identified Terms (LR4-2)
to be served by:

November 5, 2012

5. Joint Claim Construction Statement (LR4-3) to be served by:

November 12, 2012

6. Opening Briefs and Evidence to be filed and served by:

December 6, 20123

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7. Opposition Brief and Evidence to be filed and served by:

December 20, 2012

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8. Reply Brief to be filed and served by:

January 11, 20132

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9. Claim Construction Hearing to be held on or after:

February 6, 2012

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Stipulation and [Proposed] Order Setting
Deadlines for Claim Construction Hearing

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Case No. 4:10-cv-04868-SBA

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IT IS SO STIPULATED:

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Dated: August 27, 2012

HENNEFER, FINLEY & WOOD, LLP

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By:

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/s/ Steven Finley
Steven C. Finley
Attorney for Plaintiff
ATHENA FEMININE TECHNOLOGIES, INC.

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Dated: August 27, 2012

COMPUTERLAW GROUP LLP

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By:

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/s/ Christopher Sargent
Jack Russo
Christopher Sargent

Attorneys for Defendants
DEREK WILKES, PELFIT TECHNOLOGIES,
LLC, MORTON CORDELL AND SILK ROAD
ASSOCIATES, LLC

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ATTORNEY ATTESTATION
Pursuant to General Order 45, I hereby attest that concurrence in the filing of this document

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has been obtained from the signatory indicated by a ‘conformed’ signature (/s/) within this e-filed

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document.
__________/s/ Christopher Sargent

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Stipulation and [Proposed] Order Setting
Deadlines for Claim Construction Hearing

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Case No. 4:10-cv-04868-SBA

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ORDER
The parties shall appear for claim construction hearing on February 27, 2013 at 10:00 a.m.
Two (2) hours is allotted for the hearing, inclusive of any tutorial. Immediately following the claims
construction hearing, the Court will conduct a Case Management Conference in the courtroom. Prior
to the date scheduled for the conference, the parties shall meet and confer and prepare a joint Case
Management Conference Statement which complies with the Standing Order for All Judges of the
Northern District of California and the Standing Orders of this Court. Plaintiff shall assume

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responsibility for filing the joint statement no less than seven (7) days prior to the conference date.

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This Order terminates Docket 116.

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Dated: 8/28/12

__________________________________
Hon. Saundra Brown Armstrong
United States District Judge

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Stipulation and [Proposed] Order Setting
Deadlines for Claim Construction Hearing

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Case No. 4:10-cv-04868-SBA