Adobe Systems Incorporation v. Wowza Media Systems, Inc.

Filing 30

ORDER Granting 29 Stipulation TO ALLOW FILING OF SECOND AMENDED COMPLAINT. Signed by Judge Claudia Wilken on 12/2/2011. (ndr, COURT STAFF) (Filed on 12/2/2011)

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LATHAM & WATKINS LLP
Robert Steinberg (Bar No. 126407)
Ryan E. Hatch (Bar No. 235577)
[e-mail]
[e-mail]
355 South Grand Avenue
Los Angeles, California 90071-1560
Telephone: [phone]
Facsimile: [phone]
LATHAM & WATKINS LLP
Jennifer L. Barry (Bar No. 228066)
[e-mail]
600 West Broadway, Suite 1800
San Diego, California 92101-3375
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ADOBE SYSTEMS INCORPORATED
FLIESLER MEYER LLP
Martin C. Fliesler (SBN 073768) [e-mail]
Joseph P. O’Malley (SBN 159658) [e-mail]
650 California Street, 14th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
WOWZA MEDIA SYSTEMS, INC.

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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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ADOBE SYSTEMS INCORPORATED, a
Delaware Corporation,
Plaintiff,

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ATTORNEYS AT LAW
LOS ANGELES

ACTION NO. cv 11-02243
STIPULATION AND [PROPOSED] ORDER
TO ALLOW FILING OF SECOND
AMENDED COMPLAINT

v.
Honorable Claudia Wilken
WOWZA MEDIA SYSTEMS, INC., a
California Corporation,
Defendant.

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WHEREAS Plaintiff Adobe Systems Incorporated (“Adobe”) initiated this action for
patent infringement against Defendant Wowza Media Systems, Inc. (“Wowza,” and together
with Adobe, the “Parties”) on May 6, 2011;
WHEREAS Adobe filed a First Amended Complaint on June 20, 2011;
WHEREAS on November 1, 2011, the U.S. Patent and Trademark Office (“PTO”)
issued Patent No. 8,051,287 (“the ‘287 Patent”), and on November 22, 2011, the PTO issued
Patent No. 8,065,426 (“the ‘426 Patent”);
WHEREAS Adobe desires to amend its claims against Wowza to allege infringement of
the ‘287 Patent and the ‘426 Patent, both assigned to Adobe;
WHEREAS the Parties wish to modify dates for exchanging information under the
Northern District of California Patent Local Rules (“PLR”) but do not wish to change any
deadlines in the Court’s October 11, 2011 Minute Order and Case Management Order;
IT IS HEREBY STIPULATED by and between the Parties through their respective
attorneys of record pursuant to Federal Rule of Civil Procedure 15(a)(2) as follows:
1. Adobe may file a Second Amended Complaint, a copy of which is attached hereto
as Exhibit A;
2. Wowza shall be permitted to file an Answer to the Second Amended Complaint
within 10 days of Court approval of this Stipulation;
3. The deadlines under the PLR shall be as follows:
a. Within 14 days of Court approval of this Stipulation, Adobe shall
supplement its PLR 3-1 Infringement Contentions (and related documents
under PLR 3-2), including Infringement Contentions relating to the newly
issued ‘287 Patent and ‘426 Patent;
b. All other PLR deadlines for exchanging information between the Parties,
including the PLR 3-3 Invalidity Contentions (and related PLR 3-4
document production) and deadlines relating to Claim Construction
Proceedings under PLR 4-1 through PLR 4-7, shall be stayed pending the

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ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION AND [PROPOSED] ORDER TO
ALLOW FILING OF SAC

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Court’s approval or denial of this Stipulation, and modified according to

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the date Adobe supplements its PLR 3-1 Infringement Contentions.
4. All deadlines in the Court’s October 11, 2011 Minute Order and Case
Management Order shall remain in effect.

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Dated: November 30, 2011

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LATHAM & WATKINS LLP
Robert Steinberg
Jennifer Barry
Ryan Hatch
By /s/ Robert Steinberg
Robert Steinberg
Attorney for Plaintiff
Adobe Systems Incorporated

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Dated: November 30, 2011

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FLIESLER MEYER LLP
Martin C. Fliesler
Joseph P. O’Malley
By /s/ Martin C. Fliesler
Martin C. Fliesler
Attorney for Defendant
Wowza Media Systems, Inc.

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[PROPOSED] ORDER APPROVING STIPULATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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12/2/2011
Dated: __________

Honorable Claudia Wilken
United States District Judge

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ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION AND [PROPOSED] ORDER TO
ALLOW FILING OF SAC

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ATTESTATION CLAUSE

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I, Robert Steinberg, hereby attest in accordance with General Order No. 45.X(B) that

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Martin C. Fliesler, counsel for Defendant, Wowza Media Systems, Inc., has provided his

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concurrence with the electronic filing of the foregoing document entitled STIPULATION
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AND [PROPOSED] ORDER TO ALLOW FILING OF SECOND AMENDED

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COMPLAINT

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.

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Dated: November 30, 2011
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ATTORNEYS AT LAW
LOS ANGELES

By /s/ Robert Steinberg