SAP America, Inc. v. Purple Leaf, LLC et al

Filing 79

STIPULATION AND ORDER RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT re 78 Stipulation, filed by Rani Yadav-Ranjan, Purple Leaf, LLC, Purple Leaf, LLC, a Delaware corporation. Signed by Judge Phyllis J. Hamilton on 8/1/12. (nah, COURT STAFF) (Filed on 8/1/2012)

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1 ARCHIE S. ROBINSON [SBN. 34789] asr@robinsonwood.com 2 JESSE F. RUIZ [SBN. 77984] jfr@robinsonwood.com 3 GABRIEL G. GREGG [SBN 187333] ggg@robinsonwood.com 4 ROBINSON & WOOD, INC. 227 N 1st Street 5 San Jose, California 95113 Telephone: (408) 298-7120 6 Facsimile: (408) 298-0477 7 Attorneys for Defendant and Counterclaimant PURPLE LEAF, LLC, and Defendants PURPLE 8 LEAF LLC and RANI YADAV-RANJAN 9 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 10 13 SAP AMERICA, INC., Plaintiff, 14 15 vs. 16 PURPLE LEAF, LLC, a Delaware corporation, PURPLE LEAF, LLC, a Texas 17 corporation, and RANI YADAV-RANJAN, an individual, 18 Defendants. 19 Case No. 4:11-CV-04601-PJH STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT Dept.: Judge: Courtroom 3 – 3rd Floor Hon. Phyllis J. Hamilton 20 PURPLE LEAF, LLC, a Delaware corporation, 21 Counterclaimant, 22 vs. 23 SAP AMERICA, INC., 24 Counterdefendant. 25 26 27 28 769412 4:11-CV-04601-PJH STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation re 1 2 Extension of Certain Filing Dates To Permit Finalization of Settlement ("Stipulation"). As set 3 forth in the accompanying Declaration of Archie S. Robinson, the parties reached terms of 4 settlement of this action during mediation before Hon. Edward A. Infante on Tuesday, July 10, 5 2012. The parties are currently engaged in finalizing the formal settlement agreement and related 6 documents. On this basis, the parties wish to request and confirm certain extensions of time on 7 certain upcoming filing dates in order to permit them to complete the finalization of the settlement, 8 including the agreed dismissal of this action. The mutually-agreeable new-filing dates for the following court filings will provide the 9 10 parties with the time to focus on finalization of their settlement without the complication and 12 parties' settlement is not able to be finalized for some reason, the proposed time extensions will ATTORNEYS AT LAW ROBINSON & WOOD, INC. 11 imposition of other immediate substantive filing obligations in this action. In the event that the 13 not substantively impact the Court or the parties for the reasons set forth below. This Stipulation follows the parties' Stipulation Re Continuation of Certain Dates which 14 15 was approved and ordered by this Court on July 10, 2012 (Doc. 76). 1. 16 Purple Leaf's Answer or Other Response. On June 20, 2012, SAP America, Inc. 17 ("SAP") filed its First Amended Answer and Counterclaim (Doc. 74). In substantive part, SAP's 18 First Amended Answer sets forth new detailed allegations supporting SAP's "unclean hands" 19 affirmative defense (Defense 10). Purple Leaf LLC ("Purple Leaf") has informed SAP of its likely 20 intent to bring a FRCP Rule 12 motion to strike against this defense if necessary. For the reasons 21 set forth above, the parties have agreed to continue the due date for Purple Leaf's answer or other 22 response to SAP's First Amended Answer and Counterclaim from July 27, 2012 to August 15, 23 2012. 24 2. Joint Claim Construction & Prehearing Statement and Related Claim 25 Construction Briefing Dates. The current due date for the parties' Patent L.R. 4-3 "Joint Claim 26 Construction & Prehearing Statement" is August 1, 2012; the parties propose that this date be 27 continued two weeks until August 15, 2012. 28 769412 4:11-CV-04601-PJH 1 STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT 1 The parties further propose that the following dates relating to claim construction briefing 2 each be extended by two weeks: 3 Filing Event Current Filing Date Proposed New Filing Date 4 Patent L.R. 4-5(a): Claim Construction Opening Briefs 5 August 24, 2012 September 7, 2012 6 Patent L.R. 4-5(b): Claim Construction Responsive Briefs 7 Patent L.R. 4-5(c): Claim 8 Construction Reply Briefs September 7, 2012 September 21, 2012 September 14, 2012 September 28, 2012 9 10 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 11 13 14 15 16 17 18 19 20 21 22 23 24 25 The parties do not propose to extend the Courts' scheduled date for the claim construction hearing – October 17, 2012. As brief background, the current due date for the "Joint Claim Construction and Prehearing Statement" is August 1, 2012, which was stipulated and ordered in this Court's order dated July 10, 2012 (Doc. 76). The previously proposed date for this "Joint Statement" filing, July 11, 2012, was originally proposed by the parties in their Joint Case Management Conference Statement (Doc. 46) and adopted by the Court in its Civil Minutes following the CMC (Doc. 51). The date was proposed based on a then-proposed date for the Court's Claim Construction Hearing of September 26, 2012. However, in the Court's order (Doc. 51), the Court continued the claim construction hearing date three weeks – to October 17, 2012. This means that none of the extensions requested in this Stipulation (the "Joint Statement" and the claim construction briefings) truncate the typical briefing schedule for claim construction briefing, and specifically do not impact this Court's regular timing for review prior to the claim construction hearing. (Pursuant to this proposed schedule, this Court will still receive the parties' final "reply" papers almost three weeks prior to the claim construction hearing.) In sum, the parties do not believe that the proposed extensions will impact the Court or the parties, and will provide the substantial benefits set forth above. 26 27 28 769412 4:11-CV-04601-PJH 2 STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT 1 Dated: July 31, 2012 2 Respectfully submitted, 3 SIMPSON THACHER & BARTLETT LLP ROBINSON & WOOD, INC. 4 /s/ Harrison J. Frahn IV /s/ Archie S. Robinson 5 Harrison J. Frahn IV 6 Gautam V. Kene 2550 Hanover Street 7 Palo Alto, CA 94304 Telephone: (214) 827-2774 8 Facsimile: (214) 827-2787 Archie S. Robinson Jesse F. Ruiz Gabriel G. Gregg 227 N. 1st Street San Jose, CA 95113 Telephone: (408) 298-7120 Facsimile: (408) 298-0477 9 Attorneys for Plaintiff/Counterdefendant 10 SAP AMERICA, INC. 13 14 ***** PURSUANT TO STIPULATION IT IS SO ORDERED: H ER R NIA lis J. Ham hyl Judge P ilton FO RT 19 D PHYLLISIT ISHAMILTON J. SO ORDERE UNITED STATES DISTRICT JUDGE NO 18 S DISTRICT TE C TA LI 17 August 1 Dated: July __, 2012 A 16 S 15 UNIT ED ATTORNEYS AT LAW 12 RT U O ROBINSON & WOOD, INC. 11 Attorneys for Defendant/Counterclaimant PURPLE LEAF, LLC and Defendants PURPLE LEAF, LLC and RANI YADAVRANJAN N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 769412 4:11-CV-04601-PJH 3 STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT 1 2 ATTESTATION CLAUSE I, Gabriel G. Gregg, hereby attest in accordance with General Order 45.X that Harrison J. 3 Frahn IV, counsel for SAP America, Inc., provided his concurrence with the electronic filing of 4 the foregoing document entitled STIPULATION RE EXTENSION OF CERTAIN FILING 5 DATES 6 Dated: July 31, 2012 ROBINSON & WOOD, INC. 7 8 9 10 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 11 By: /s/ Gabriel G. Gregg ARCHIE S. ROBINSON JESSE F. RUIZ GABRIEL G. GREGG Attorneys for Defendant and Counterclaimant PURPLE LEAF, LLC, and Defendants PURPLE LEAF LLC and RANI YADAV-RANJAN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 769412 4:11-CV-04601-PJH 4 STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT

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