Internet Patents Corporation v. EBAGs, Inc et al

Filing 49

ORDER by Judge ARMSTRONG granting 48 Stipulation (lrc, COURT STAFF) (Filed on 5/7/2013)

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Michael P. Adams (admitted pro hac vice)
Brian L. King (admitted pro hac vice)
WINSTEAD PC
401 Congress Ave., Suite 2100
Austin, TX 78701
[phone] / [phone] (Fax)
[e-mail]
[e-mail]

Ian R. Walsworth (admitted vice pending)
Todd P. Blakely (admitted vice pending)
SHERIDAN ROSS PC
1560 Broadway, Suite 1200
Denver, CO 80202-5141
[phone]
[phone] (Fax)
[e-mail]
[e-mail]

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Joseph A. Greco (Cal. Bar No. 104476)
Justin T. Beck (Cal. Bar No. 53138)
Kimberly P. Zapata (Cal. Bar No. 138291)
Beck Ross Bismonte Finley LLP
150 Almaden Boulevard, 10th Floor
San Jose, California 95113
[phone]
[phone] (Fax)
[e-mail]
[e-mail]
[e-mail]

Matthew S. Kenefick (Cal. Bar No. 227298)
Jeffer Mangels Butler & Mitchell LLP
Two Embarcadero Center, 5th Floor
San Francisco, California 94111
[phone] / [phone] (Fax)
[e-mail]
Attorneys for Defendant eBags, Inc.

L. Eric Loewe (Cal. Bar No. 203490)
Internet Patents Corporation Texas
18050 Gold Center Dr. Suite 250B
Rancho Cordova, CA 95670
[phone]
[phone](Fax)
[e-mail]
Attorneys for Plaintiff Internet Patents Corp.

Thomas Fitzpatrick (Cal. Bar No. 193565)
Andy H. Chan (Cal. Bar No. 242660)
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, CA 94025
[phone]
[phone] (Fax)
[e-mail]
[e-mail]
Attorneys for Defendant TellApart, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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INTERNET PATENTS CORPORATION,
Case No. 4:12-CV-03385-SBA

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Plaintiff,
STIPULATION AND ORDER
REGARDING AMENDED PROPOSED
CASE MANAGEMENT SCHEDULE

v.
EBAGS, INC. and TELLAPART, INC.
Defendants.

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA

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Pursuant to Civil Local Rule 6-1(b), this Stipulation is entered into by and among Plaintiff
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Internet Patents Corporation, f/k/a Insweb Corporation (“Plaintiff” or “IPC”), and Defendants

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eBags, Inc. (“eBags”) and TellApart, Inc. (“TellApart”) (IPC, eBags, and TellApart will be

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collectively referred to as “the Parties”), by and through their respective counsel:

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WHEREAS, IPC filed this suit for patent infringement against Defendants eBags, Inc. and
TellApart, Inc. on June 29, 2012;
WHEREAS, the parties originally filed a Joint Case Management Statement with a

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Proposed Case Management Schedule on January 31, 2013 [Dkt. No. 35];

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WHEREAS, the Case Management Conference was held on February 7, 2013 and per the

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instructions of the court a revised Case Management Statement with a Proposed Case

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Management Schedule was emailed to the Court on February 14, 2013;

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WHEREAS, a difference of opinion arose between the parties regarding the proposed
schedule’s deadlines;

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WHEREAS, the parties met and conferred regarding the schedule on April 22, 2013 and
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in an effort to avoid motions practice and in the spirit of cooperation, the parties agreed to amend

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the proposed schedule to clear up any ambiguity regarding the remaining deadlines. As a result,

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the parties agreed to make changes to only two deadlines: (1) the date for service of Defendants'

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invalidity contentions (from May 23, 2013 to May 14, 2013) and (2) the date the parties would

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serve lists of proposed terms to be construed (from June 6, 2013 to June 7, 2013).

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WHEREAS, the Court has not yet signed the order for the Joint Case Management

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Statement and Proposed Case Management Schedule; and
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WHEREAS, the amendment to the Proposed Case Management Schedule is not done for
delay, but so that justice may be done.

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA

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NOW, THEREFORE, the Parties hereby stipulate and agree, subject to approval by the
Court, as follows:
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The Parties shall substitute the Proposed Case Management Schedule with the

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Amended Proposed Case Management Schedule as Appendix A to the Parties’ Joint Case
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Management report submitted to the Court, a copy of which is attached hereto;
2.

The Amended Proposed Case Management Schedule will be as follows (with

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previous dates shown):

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EVENT

PROPOSED DEADLINE

Service of IPC’s Infringement Contentions and IPC’s
Patent L.R. 3-2 Document Production
Service of Defendants’ Invalidity Contentions and
Defendants’ Patent L.R. 3-4 Document Productions
Parties Serve Lists of Proposed Terms for Construction
Pursuant to Patent L.R. 4-1
Parties Exchange Preliminary Claim Constructions and
Identification of Extrinsic Evidence Pursuant to Patent
L.R. 4-2
Parties File Joint Claim Construction and Prehearing
Statement Pursuant to Patent L.R. 4-3
Last Day for Claim Construction Discovery Pursuant to
Patent L.R. 4-4
Plaintiff Files Opening Brief re Proposed Claim
Constructions and Supporting Evidence Pursuant to
Patent L.R. 4-5(a)
Defendants File Opposition Brief re Proposed Claim
Constructions and Supporting Evidence Pursuant to
Patent L.R. 4-5(b)
Plaintiff Files Reply Brief re Proposed Claim
Constructions and Rebuttal Evidence Pursuant to Patent
L.R. 4-5(c)
Claim Construction Hearing Pursuant to Patent L.R. 46 and Case Management Conference Regarding
Remaining Scheduling and Trial Setting
Parties File Joint Case Management Statement for
Remainder of Case
Parties Serve Initial Expert Reports and Produce
Related Documents and Materials
Parties Serve Rebuttal Expert Reports and Produce
Related Documents and Materials

M, 3/8/13 (29 days after CMC)

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T, 5/14 23/13 (67 45 days after 3-2)
F, 6/7 6/13 (24 30 days after 3-4)
Th, 6/27/13 (20 21 days after 4-1)

M, 7/22/13 (69 60 days after 3-4)
W, 8/21/13 (30 days after 4-3)
Th, 9/5/13 (45 days after 4-3)

Th, 9/19/13 (14 days after 4-5(a))

Th, 9/26/13 (7 days after 4-5(b))

Th, 10/24/13 at 10 A.M.

Th, 10/17/13
TBD
TBD

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA

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Expert Depositions Commence
Final Date to Complete Fact and Expert Discovery
Final Date for Filing Dispositive Motions and Motions
to Limit or Exclude Expert Testimony
Oppositions to Motions for Summary Judgment
Replies in Support of Motions for Summary Judgment
Summary Judgment Hearing (subject to Court’s
availability)
Final Pretrial Conference (subject to Court’s
availability)
Trial (subject to Court’s availability)

TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD

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IT IS SO STIPULATED
Dated: May 3, 2013

WINSTEAD PC
/s/ Brian L. King
Brian L. King

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Attorneys for Plaintiff Internet Patents Corporation

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Dated: May 3, 2013

/s/ Ian Walsworth___
Ian Walsworth

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Attorneys for Defendant eBags, Inc.

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Dated: May 3, 2013

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Attorneys for Defendant TellApart, Inc.

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GOODWIN PROCTER LLP
/s/ Thomas Fitzpatrick
Thomas Fitzpatrick

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SHERIDAN ROSS PC

IT IS SO ORDERED.
DATED: May _7, 2013
HON. SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Brian L. King, attest that concurrence in the filing of this STIPULATION AND
[PROPOSED] ORDER REGARDING AMENDED PROPOSED CASE MANAGEMENT

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SCHEDULE has been obtained from each of the other signatories. I declare under penalty of
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perjury under the laws of the United States of America that the foregoing is true and correct.
Executed this 3rd day of May, 2013, in AUSTIN, TEXAS.
/s/ Brian L. King
Brian L. King

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CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the forgoing document will be
served via electronic mail to counsel of record in this case.

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/s/ Brian L. King
Brian L. King

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA

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APPENDIX A:
AMENDED PROPOSED CASE MANAGEMENT SCHEDULE

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With the exception of a few agreed upon dates, the Parties believe that the case schedule

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should be set in accordance with the N.D. Cal. Patent Local Rules and that a Claim Construction

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Hearing should be set at the Court’s direction. The deadlines following construction will be based

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on the dates provided at a later Case Management Conference to be held following the Claim

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Construction Hearing.

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EVENT

PROPOSED DEADLINE

Service of IPC’s Infringement Contentions and IPC’s
Patent L.R. 3-2 Document Production
Service of Defendants’ Invalidity Contentions and
Defendants’ Patent L.R. 3-4 Document Productions
Parties Serve Lists of Proposed Terms for Construction
Pursuant to Patent L.R. 4-1
Parties Exchange Preliminary Claim Constructions and
Identification of Extrinsic Evidence Pursuant to Patent
L.R. 4-2
Parties File Joint Claim Construction and Prehearing
Statement Pursuant to Patent L.R. 4-3
Last Day for Claim Construction Discovery Pursuant to
Patent L.R. 4-4
Plaintiff Files Opening Brief re Proposed Claim
Constructions and Supporting Evidence Pursuant to
Patent L.R. 4-5(a)
Defendants File Opposition Brief re Proposed Claim
Constructions and Supporting Evidence Pursuant to
Patent L.R. 4-5(b)
Plaintiff Files Reply Brief re Proposed Claim
Constructions and Rebuttal Evidence Pursuant to Patent
L.R. 4-5(c)
Claim Construction Hearing Pursuant to Patent L.R. 46 and Case Management Conference Regarding
Remaining Scheduling and Trial Setting
Parties File Joint Scheduling Order for Remainder of
Case
Parties Serve Initial Expert Reports and Produce
Related Documents and Materials
Parties Serve Rebuttal Expert Reports and Produce
Related Documents and Materials
Expert Depositions Commence

M, 3/8/13 (29 days after CMC)

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T, 5/14/13 (67 days after 3-2)
F, 6/7/13 (24 days after 3-4)
Th, 6/27/13 (20 days after 4-1)

M, 7/22/13 (69 days after 3-4)
W, 8/21/13 (30 days after 4-3)
Th, 9/5/13 (45 days after 4-3)

Th, 9/19/13 (14 days after 4-5(a))

Th, 9/26/13 (7 days after 4-5(b))

Th, 10/24/13 at 10 A.M.

Th, 10/31/13
TBD
TBD
TBD

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA

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Final Date to Complete Fact and Expert Discovery
Final Date for Filing Dispositive Motions and Motions
to Limit or Exclude Expert Testimony
Oppositions to Motions for Summary Judgment
Replies in Support of Motions for Summary Judgment
Summary Judgment Hearing (subject to Court’s
availability)
Final Pretrial Conference (subject to Court’s
availability)
Trial (subject to Court’s availability)

TBD
TBD
TBD
TBD
TBD
TBD
TBD

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STIPULATION AND [PROPOSED] ORDER RE AMENDED PROPOSED CASE MANAGEMENT SCHEDULE
CASE NO. 4:12-CV-03385-SBA