GN Resound A/S v. Callpod, Inc.

Filing 42

STIPULATION AND ORDER re 41 STIPULATION WITH PROPOSED ORDER to Permit Plaintiff to Amend Infringement Contentions and to Change Dates Based on Service of Amended Infringement Contentions filed by Callpod, Inc., GN Resound A/S Case Management Conference set for 1/16/2013 10:00 AM. Claims Construction Hearing set for 1/16/2013 10:00 AM.. Signed by Judge ARMSTRONG on 7/10/12. (lrc, COURT STAFF) (Filed on 7/12/2012)

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BLACK CHANG & HAMILL LLP
Peter H. Chang (SBN 241467)
[e-mail]
Andrew G. Hamill (SBN 251156)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, California 94111
Telephone: [phone]
Facsimile:
415-813-6222
Attorneys for Defendant Callpod, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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GN RESOUND A/S, a corporation,
Plaintiff,

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v.
CALLPOD, INC., a corporation,

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Defendant.

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Case No. 11-cv-04673-SBA
JOINT STIPULATION PURSUANT TO
CIVIL L.R. 6-1(a), 6-1(b), 6-2 AND 7-12 TO
PERMIT PLAINTIFF TO AMEND
INFRINGEMENT CONTENTIONS AND
TO CHANGE DATES BASED ON
SERVICE OF AMENDED
INFRINGEMENT CONTENTIONS AND
ORDER

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-1JOINT STIPULATION TO CHANGE DATES

11-cv-04673-SBA

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Defendant Callpod Inc. ("Callpod") and Plaintiff GN Resound A/S ("GN Resound"), pursuant

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to Civil L.R. 6-1(a), 6-1(b), 6-2 and 7-12 hereby jointly stipulate to permit GN Resound to amend its

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Disclosure of Asserted Claims and Infringement Contentions (“Infringement Contentions”) and

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jointly request that the Court reset the deadlines for Invalidity Contentions, Exchange of Proposed

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Terms for Construction, Exchange of Preliminary Claim Constructions and Extrinsic Evidence, Joint

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Claim Construction and Prehearing Statement, Completion of Claim Construction Discovery, Claim

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Construction Briefs and the Claim Construction Hearing.

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On June 1, 2012, pursuant to the Court's Initial Case Scheduling Order, GN Resound served

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its Patent L.R. 3-1 Infringement Contentions. Callpod claims that the Infringement Contentions do

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not provide the level of specificity required by Patent L.R. 3-1 and that Callpod cannot therefore

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adequately prepare invalidity contentions. GN Resound disputes both of Callpod’s assertions and has

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provided Callpod with a letter explaining why GN Resound believes its Infringement Contentions

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comply with Patent L.R. 3-1. Rather than present this dispute to the Court, however, GN Resound
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has agreed to provide Amended L.R. 3-1 Infringement Contentions by July 13, 2012.
Because Callpod will not be receiving amended infringement contentions until July 13, 2012,

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the parties request a continuance of the deadlines set in the Court's Initial Case Scheduling Order.

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(Dkt. No. 39). Therefore, the parties jointly request that the Court continue these deadlines. The

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parties propose the following schedule:

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Event

Original Schedule

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Disclosure of Asserted Claims and
Infringement Contentions

Proposed Modified
Schedule

June 1, 2012

Amended Disclosure of Asserted
Claims and Infringement
Contentions

July 13, 2012

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Invalidity Contentions

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July 16, 2012

August 27, 2012

-2JOINT STIPULATION TO CHANGE DATES

11-cv-04673-SBA

Exchange of Proposed Terms for
Construction

July 30, 2012

September 14, 2012

Exchange of Preliminary Claim
Constructions and Extrinsic
Evidence

August 20, 2012

September 28, 2012

Joint Claim Construction and
Prehearing Statement

September 14, 2012

October 12, 2012

Completion of Claim Construction
Discovery

October 1, 2012

October 26, 2012

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Claim Construction Opening Brief

October 10, 2012

November 16, 2012

Claim Construction Responsive
Brief

October 24, 2012

November 30, 2012

October 31, 2012

December 7, 2012

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Claim Construction Reply Brief
(compliance with Patent L.R. 4-5(c))

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Claim Construction Hearing

November 28 at 10:00 a.m.
for 2.0 hours

January 16, 2013 at 10:00
a.m. for 2.0 hours

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This is the first modification of time proposed by either party. There have been three prior
modifications of time in this case:

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(1) On November 18, 2011, after the case was reassigned to this Court, the Court entered an
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order rescheduling the initial Case Management Conference for January 18, 2012. (Dkt. No. 9).
(2) On December 9, 2011, the Case Management Conference was rescheduled for April 3,

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2012.
(3) On May 3, 2012, the Court entered an order continuing the Case Management Conference
originally scheduled for May 3, 2012 to May 10, 2012. (Dkt. No. 36).
No trial date has been assigned in this case. As such, the present modifications will not

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adversely impact the case schedule.

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-3JOINT STIPULATION TO CHANGE DATES

11-cv-04673-SBA

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Respectfully submitted,

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Dated: July 6 12, 2012

BLACK CHANG & HAMILL LLP

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By:

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/s/ Andrew G. Hamill
Andrew G. Hamill

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BLACK CHANG & HAMILL LLP
Peter H. Chang (SBN 241467)
[e-mail]
Andrew G. Hamill (SBN 251156)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, California 94111
Telephone: [phone]
Facsimile:
415-813-6222

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Attorneys for Defendant Callpod, Inc.

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Respectfully submitted,

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Dated: July 6 12, 2012

ARNOLD & PORTER LLP

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By:

/s/ Monty Agarwal
Monty Agarwal

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ARNOLD & PORTER LLP
Monty Agarwal (SBN 191568)
[e-mail]
One Embarcadero Center, 22nd Floor
San Francisco, California 94111-3711
Telephone: [phone]
Facsimile:
415-356-3099

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Attorneys for Plaintiff GN Resound A/S

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-4JOINT STIPULATION TO CHANGE DATES

11-cv-04673-SBA

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I, Andrew G. Hamill, attest that concurrence in the filing of this document has been obtained

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from Monty Agarwal, counsel for Plaintiff. I declare under penalty of perjury that the foregoing is true

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and correct. Executed this 6th day of July, 2012 in San Francisco, California.

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/s/ Andrew G. Hamill
Andrew G. Hamill

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-5JOINT STIPULATION TO CHANGE DATES

11-cv-04673-SBA

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ORDER
The Court finds good cause to GRANT the parties’ Stipulation. Accordingly, the following
schedule is now in effect:

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Event

Date

Disclosure of Asserted Claims and
Infringement Contentions

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Amended Disclosure of Asserted Claims and
Infringement Contentions
Invalidity Contentions

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Exchange of Proposed Terms for Construction September 14, 2012

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July 13, 20112
August 27, 2012

Exchange of Preliminary Claim Constructions
and Extrinsic Evidence

September 28, 2012

October 12, 2012

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Joint Claim Construction and Prehearing
Statement

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Completion of Claim Construction Discovery

October 26, 2012

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Claim Construction Opening Brief

November 16, 2012

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Claim Construction Responsive Brief

November 30, 2012

Claim Construction Reply Brief

December 7, 2012

Claim Construction Hearing

January 16, 2013 at 10:00 a.m. for 2.0 hours

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IT IS SO ORDERED.

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Dated: 7/10/12

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________________________________
Honorable Saundra B. Armstrong

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United States District Court Judge

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-6JOINT STIPULATION TO CHANGE DATES

11-cv-04673-SBA