KlausTech, Inc. v. Admob, Inc.

Filing 134

ORDER GRANTING 133 STIPULATION TO EXTEND DEADLINES. Claims Construction Hearing set for 1/28/2016 10:00 AM. Tutorial Hearing set for 1/21/2016 10:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 5/21/15. (jjoS, COURT STAFF) (Filed on 5/22/2015)

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Benjamin L. Singer (Bar. No. 264295)
[e-mail]
COLT / SINGER / BEA LLP
235 Montgomery Street, Suite 907
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Eric P. Berger (Pro Hac Vice)
[e-mail]
MISHCON DE REYA NEW YORK LLP
750 7th Avenue, 26th Floor
New York, New York 10019
Telephone: [phone]
Facsimile: (212) 612-32977
Attorneys for Plaintiff
KLAUSTECH, INC.
Michael J. Malecek (State Bar No. 171034)
[e-mail]
Marisa Armanino Williams (State Bar No. 264907)
[e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306-2112
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
ADMOB, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
KLAUSTECH, INC.,
Plaintiff,
v.

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CASE NO. 10-CV-05899-JSW
JOINT STIPULATION TO EXTEND
DEADLINES AND [PROPOSED] ORDER
AS MODIFIED

ADMOB, INC.,
Defendant.

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JOINT STIPULATION TO EXTEND DEADLINES

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CASE NO. 10-CV-05899-JSW

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff KlausTech, Inc. (“KlausTech”) and

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Defendant AdMob, Inc. (“AdMob”), hereby stipulate through their respective counsel of record to

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amend the case deadlines set at the December 12, 2014 Case Management Conference (Dkt. No. 113)

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and amended in the Court’s Order granting the parties’ joint stipulation to extend selected case

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deadlines (Dkt. No. 124):

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WHEREAS, the parties agreed to schedule AdMob’s deposition of the inventor of the patent-

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in-suit, Robert Cezar, before the exchange of proposed claim constructions and identification of

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extrinsic evidence pursuant to Patent Local Rule 4-2 (currently scheduled for May 25, 2015);

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WHEREAS, on February 11, 2015, in preparation for the deposition of Mr. Cezar, AdMob

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served its First Set Of Requests For Production Of Documents on KlausTech and served a Subpoena

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To Produce Documents, Information, or Objects and Testify At a Deposition on Mr. Cezar;

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WHEREAS, Mr. Cezar is not available for deposition until June 18, 2015;

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WHEREAS, counsel for KlausTech requires additional time to complete its document

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productions on behalf of both KlausTech and Mr. Cezar;
WHEREAS, counsel for both parties require certain scheduling accommodations, and the

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parties have sought to comply with the Northern District’s Guidelines for Professional Conduct

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which dictate that lawyers should agree to reasonable requests for extensions of time when the

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legitimate interests of his or her client will not be adversely affected;

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WHEREAS, the parties previously agreed to change the dates for Final Infringement

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Contentions from March 13, 2015 to March 30, 2015 and Amended Invalidity Contentions from

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March 27, 2015 to April 13, 2015, and submitted a joint stipulation on March 12, 2015 (Dkt. No.

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123), which the Court granted (Dkt. No. 124);

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WHEREAS, the Court has only set a case schedule through claim construction, and will

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address the post-claim construction schedule after the parties file a subsequent case management

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report upon issuance of a claim construction order;

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WHEREAS, the proposed amended schedule would modify the dates for the technology
tutorial, the claim construction hearing, and the interim claim construction deadlines;

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JOINT STIPULATION TO EXTEND DEADLINES

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CASE NO. 10-CV-05899-JSW

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NOW THEREFORE, good cause appearing, the parties through their undersigned counsel
hereby stipulate and request that the Court grant the following amended schedule:

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EVENT
Deposition of Robert Cezar

CURRENT DATE
--

AMENDED DATE
June 18-19, 2015

May 25, 2015

August 31, 2015

June 26, 2015

September 28, 2015

July 31, 2015

October 26, 2015

Aug. 21, 2015

November 16, 2015

Sept. 11, 2015

December 9, 2015

Sept. 25, 2015

December 23, 2015

Sept. 29, 2015

December 30, 2015

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Parties to exchange Proposed Claim
Constructions and provide preliminary
identification of extrinsic evidence pursuant
to Patent L.R. 4-2
Parties to file Joint Claim Construction and
Prehearing Statement pursuant to Patent
L.R. 4-3
Last day to take discovery relating to claim
construction and comply with Patent L.R.
4-4
Plaintiff to file opening claim construction
brief & supporting evidence pursuant to
Patent L.R. 4-5(a)
Defendant to file responsive claim
construction brief & supporting evidence
pursuant to Patent L.R. 4-5(b)
Plaintiff to file reply claim construction
brief & rebuttal evidence pursuant to Patent
L.R. 4-5(c)
Parties to file Amended, Final Joint Claim
Construction Statement, including only the
remaining disputed terms, phrases, and
clauses
Technology Tutorial

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Claim Construction Hearing

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Mediation deadline

Oct. 8, 2015
10:00 a.m.
Oct. 15, 2015
10:00 a.m.
60 days after issuance of
the Markman Order

January 11, 2016
January 21, 2015 at 10:00 a.m.
January 25, 2016 at
1:30pm January 28, 2016 at
[No change] 10:00 a.m.

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IT IS SO STIPULATED

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JOINT STIPULATION TO EXTEND DEADLINES

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CASE NO. 10-CV-05899-JSW

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Date: May 20, 2015

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COLT / SINGER / BEA LLP
By:

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/s/ Benjamin L. Singer
Benjamin L. Singer

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Date: May 20, 2015

KAYE SCHOLER LLP

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By:

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/s/ Michael J. Malecek
Michael J. Malecek

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ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I hereby attest that the concurrence in the filing of this
document has been obtained from the signatories indicated in this e-filed document.

Date: May 20, 2015

/s/ Michael J. Malecek

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JOINT STIPULATION TO EXTEND DEADLINES

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CASE NO. 10-CV-05899-JSW

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: May _, 2015

_____________________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE