Athena Feminine Technologies Inc. v. Wilkes et al

Filing 124

STIPULATION AND ORDER, Motions terminated: 121 STIPULATION WITH PROPOSED ORDER re 117 Order on Stipulation,, filed by Athena Feminine Technologies Inc., Pelfit Technologies LLC, Morton Cordell, Derek Wilkes, Silk Road Associates LLC. Case Management Conference set for 3/14/2013 10:00 AM. Claims Construction Hearing set for 3/14/2013 10:00 AM.. Signed by Judge ARMSTRONG on 11/13/12. (lrc, COURT STAFF) (Filed on 11/14/2012)

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Steven C. Finley CSB# 074391
HENNEFER, FINLEY & WOOD, LLP
425 California Street, 19th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff Athena Feminine Technologies, Inc.

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Christopher Sargent, CSB # 246285
COMPUTERLAW GROUP LLP
401 Florence Street
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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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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ATTORNEYS AT LAW

HENNEFER FINLEY & WOOD, LLP

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NORTHERN DISTRICT OF CALIFORNIA

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ATHENA FEMININE TECHNOLOGIES
INC.

STIPULATION AND ORDER
RESETTING DEADLINES FOR CLAIM
CONSTRUCTION HEARING

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Plaintiff,

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Case No.: CV-10-4868-SBA

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

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-1STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR CLAIM
CONSTRUCTION HEARING

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WHEREAS:

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A.

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The parties hereto have previously entered into a Stipulation, which the court has
entered as an Order on August 28, 2012 (Docket 117), setting deadlines for a Claim

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Construction Hearing in this action;
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B.

The parties have, in accordance with the Order, disclosed asserted claims and

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infringement contentions by July 30, 2012, invalidity contentions by September 27,

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2012, and listed claim terms to be construed by the court by October 15, 2012;
C.

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At the same time, the parties have been engaged in continued settlement
discussions following an August 24, 2012 Settlement Conference with Honorable

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Donna Ryu, which discussions are continuing;
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ATTORNEYS AT LAW

HENNEFER FINLEY & WOOD, LLP

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D.

Prior to or on October 15, 2012, plaintiff listed three claim terms for construction

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pursuant to claim 1 of its patent, and defendants listed 32 claim terms for

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construction pursuant to claims 1-21 of plaintiff’s patent (approximately 7 of which

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are repeated within two or more claims); and

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E.

In order to allow additional time for exchange of proposed construction of

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identified terms, and the filing of a Joint Claim Construction Statement, and to
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allow additional time for settlement discussions which may obviate the need for the
Claim Construction Hearing:
THE PARTIES HEREBY STIPULATE, subject to obtaining the permission and consent
of the court, through their respective counsel, to extend the current outstanding deadlines in the
court’s August 28, 2012 Order by a period of approximately twenty-eight (28) days and the Claim

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Construction Hearing by fourteen (14) days. Accordingly, the parties request the court to extend
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the deadlines for the parties remaining obligations under the Patent Local Rules as follows:
-2STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR CLAIM
CONSTRUCTION HEARING

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4. Exchange of Proposed Constructions of Identified Terms (LR4-2)

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to be served by:

December 3, 2012

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

December 10, 2012

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

January 7, 2013

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

January 21, 2013

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8. Reply Brief to be filed and served by:

February 8, 2013

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

March 10, 2013

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IT IS SO STIPULATED:

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ATTORNEYS AT LAW

HENNEFER FINLEY & WOOD, LLP

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Dated:

HENNEFER, FINLEY & WOOD, LLP

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/s/ Steven C. Finley
Steven C. Finley, Attorney for Plaintiff
Athena Feminine Technologies Inc.

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Dated:

COMPUTERLAW GROUP LLP

/s/ Christopher Sargent
Christopher Sargent, Attorney for Defendants
Derek Wilkes, Pelfit Technologies, LLC,
Morton Cordell, and Silk Road Associates,
LLC

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-3STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR CLAIM
CONSTRUCTION HEARING

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[PROPOSED] ORDER
The parties shall appear for a claim construction hearing on March 14, 2013 at 10:00 AM.
Two (2) hours is allotted for the hearing, inclusive of any tutorial. Immediately following the

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claims construction hearing, the Court will conduct a Case Management Conference in the
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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

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for All Judges of the Northern District of California and the Standing Orders of this Court.

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Plaintiff shall assume responsibility for filing the joint statement no less than seven (7) days prior

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to the conference date. This Order terminates Docket 117.

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ATTORNEYS AT LAW

HENNEFER FINLEY & WOOD, LLP

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Dated: 11/13/12
Hon. Saundra Brown Armstrong
United States District Judge

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-4STIPULATION AND [PROPOSED] ORDER RESETTING DEADLINES FOR CLAIM
CONSTRUCTION HEARING