California Institute of Computer Assisted Surgery, Inc. v. Med-Surgical Services, Inc. et al

Filing 40

ORDER Granting 39 Stipulation AMENDMENT TO CASE MANAGEMENT ORDER. Signed by Judge Claudia Wilken on 5/23/2011. (ndr, COURT STAFF) (Filed on 5/23/2011)

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MELINDA M. MORTON, Bar No. 209373
[e-mail]
JAIDEEP VENKATESAN, Bar No. 211386
[e-mail]
BERGESON, LLP
303 Almaden Boulevard, Suite 500
San Jose, CA 95110-2712
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
MED-SURGICAL SERVICES, INC.,
KRISHNA SUDHAKARAN, and MARK KIENE
ALI AALAEI, Bar No. 254713
[e-mail]
Ari Law Firm PC
22 Battery St., Suite #1000
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff,
CALIFORNIA INSTITUTE OF COMPUTER
ASSISTED SURGERY, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
CALIFORNIA INSTITUTE OF COMPUTER
ASSISTED SURGERY, INC., a California
corporation,

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Plaintiff,
vs.

Case No. C10-05067 CW
STIPULATION RE: AMENDMENT TO
CASE MANAGEMENT ORDER
JUDGE:
Claudia Wilken
COURTROOM: 2, 4th Floor

MED-SURGICAL SERVICES, INC., a
California corporation, KRISHNA
SUDHAKARAN, an individual, MARK KIENE,
an individual,

Complaint filed: November 9, 2010
Trial Date: March 19, 2012

Defendants.

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STIPULATION

Case No. C10-05067 CW

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Plaintiff California Institute of Computer Assisted Surgery, Inc. (“CICAS”), together with

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Defendants Med-Surgical Services, Inc, Krishna Sudhakaran, and Mark Kiene (“Defendants”), by

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and through their undersigned counsel, hereby stipulate as follows:

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1.

CICAS shall serve a supplemental disclosure of asserted claims and

preliminary infringement contentions by June 10, 2011.

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2.

The Exchange of Preliminary Claim Constrictions and Preliminary

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Identifications of Extrinsic Evidence [Patent L.R. 4-2.a-b] shall occur by June 27, 2011.

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The parties shall meet and confer pursuant to Patent L.R. 4-1 to identify 10 terms from

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CICAS’s list of claim terms served pursuant to patent L.R. 4-1 on May 6, 2011.

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3.

The parties shall submit a Joint Claim Construction and Prehearing Chart

[Patent L.R. 4-3] July 15, 2011.

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4.

Completion of Claim Construction Discovery [Patent L.R. 4-4] shall be

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August 26, 2011.

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5.

CICAS’s service of supplemental disclosure of asserted claims and

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preliminary infringement contentions pursuant to paragraph 1 shall be without prejudice to

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its position that Defendants have waived the right to serve Invalidity Contentions pursuant

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to Patent L.R. 3-3. Med-Surgical’s agreement to this stipulation shall be without prejudice

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to its position that CICAS failed to comply with Patent L.R. 3-1.

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6.

This Stipulation does not affect the claim construction briefing schedule set

by the Court in the Case Management Order.

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SO STIPULATED AND AGREED
Dated: May 20, 2011

BERGESON, LLP

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By:

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/s/
Jaideep Venkatesan

Attorneys for Defendants
MED-SURGICAL SERVICES, INC.,
KRISHNA SUDHAKARAN, and MARK KIENE

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-1STIPULATION

Case No. C10-05067 CW

5/23/2011