Freeman v. Delta Air Lines Inc

Filing 94

ORDER GRANTING 93 STIPULATION RE FILING OF PLAINTIFFS CORRECTED AMENDED INFRINGEMENT CONTENTIONS PURSUANT TO PATENT L.R. 3-6. Signed by Judge Jeffrey S. White on February 11, 2015. (jswlc3, COURT STAFF) (Filed on 2/11/2015)

Case4:13-cv-04179-JSW Document93 Filed02/11/15 Page1 of 6

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JOHN W. CARPENTER (Bar No. 221708)
829 Baronne Street
New Orleans, LA 700113
Telephone: [phone]
Facsimile: 1- 866-410-6248
Email: [e-mail]

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Attorneys for Plaintiff
Albert John Freeman

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ADDITIONAL COUNSEL ON SIGNATURE PAGE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERT JOHN FREEMAN,
an individual,

CASE NO.: 4:13-cv-04179-JSW/JCS

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Plaintiff,

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v.

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STIPULATION AND [PROPOSED] ORDER
RE FILING OF PLAINTIFF’S
CORRECTED AMENDED
INFRINGEMENT CONTENTIONS
PURSUANT TO PATENT L.R. 3-6

DELTA AIR LINES, INC.,

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Defendant.

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Plaintiff Albert John Freeman and Defendant Delta Air Lines, Inc. hereby consent and
stipulate as follows:

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WHEREAS, On January 12, 2015, this Court entered an order [Doc 92] permitting Plaintiff

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to serve amended infringement contentions, pursuant to a stipulation between the parties [Doc 91];

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WHEREAS, Plaintiff seeks to serve Corrected Amended Infringement Contentions, in the

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form attached hereto as Exhibit A, because plaintiff’s counsel Victoria E. Brieant inadvertently

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omitted the infringement contentions for Claims 26 and 29 in the filing with Doc 91 and in the
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subsequent service of plaintiff’s amended infringement contentions;

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Stip. And [Prop. Order] re Service
of Pl.’s Corrected Amended
Infringement Contentions
4:13-cv-04179

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Case4:13-cv-04179-JSW Document93 Filed02/11/15 Page2 of 6

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WHEREAS, Plaintiff’s counsel had included the claim charts for Claims 26 and 29 when

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counsel sought Defendant’s consent to plaintiff’s amended infringement contentions and

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Defendant had consented to their inclusion in the amended infringement contentions;
WHEREAS, Defendant’s counsel graciously brought the omission of Claims 26 and 29 to

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plaintiff’s counsel’s attention and has consented to permit plaintiff to correct this clerical error and

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serve corrected infringement contentions in the form attached hereto as Exhibit A.

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WHEREAS, Exhibit A is the same as the amended claim construction charts attached as

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Exhibit A to Doc 91, except for inclusion of the inadvertently omitted claims.

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WHEREAS, Plaintiff seeks to serve corrected amended infringement contentions;

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WHEREAS, Plaintiff’s proposed corrected amended infringement contentions are

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submitted concurrently herewith as Appendix A;
WHEREAS, Defendant consents to Plaintiff’s service of corrected amended infringement

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contentions, subject to the entry of this Order;
WHEREAS, Plaintiff submits that its proposed corrected amendment to his infringement
contentions would not prejudice Defendant, since it is a clerical correction.
WHEREAS, Defendant, if it deems it necessary, shall have forty-five (45) days to respond

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to Plaintiff’s corrected amended infringement contentions by providing amended invalidity
contentions;

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WHEREAS, Plaintiff consents to Defendant serving its amended invalidity contentions

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forty five (45) days after Plaintiff’s filing of his corrected amended infringement contentions if

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Defendant elects to do so;
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WHEREAS, By consenting to the service of amended infringement contentions, Defendant
is not conceding and expressly reserves all rights to contest the legal or factual adequacy of
Stip. And [Prop. Order] re Service
of Pl.’s Corrected Amended
Infringement Contentions
4:13-cv-04179

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Case4:13-cv-04179-JSW Document93 Filed02/11/15 Page3 of 6

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Plaintiff’s alleged amended infringement contentions including all issues raised in Defendant's letter
to the Court regarding Plaintiff's First Amended Infringement Contentions [Doc 50]; ; and

WHEREAS, The service of Plaintiff’s corrected amended infringement contentions and
Defendant' optional service of amended invalidity contentions will not affect any of the deadlines
set by the Court’s orders or the Local Rules.
WHEREAS, Plaintiff and Defendant agree that renewed or additional document
production or other obligation by Defendant under Patent L.R. 3-4 will not be triggered or required

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by the filing of corrected amended infringement contentions or the service of Defendant' amended

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invalidity contentions, and Plaintiff will not request any additional documents to be served under

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Patent L.R. 3-4.

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WHEREFORE, IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:

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That pursuant to Patent L.R. 3-6, Plaintiff’s corrected amended infringement

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contentions shall be served no later than five business days after entry of this Order; and
2.

That pursuant to Patent L.R. 3-6, Defendant shall have 45 days from service of

Plaintiff’s corrected amended infringement contentions to serve its amended invalidity
contentions, if it elects to do so.

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In accordance with N.D. Cal. General Order No. 45, Section X, the filer of this document
attests that she obtained the consent of the other signatory hereto.
IT IS SO STIPULATED:
Dated: February 11, 2015.

Respectfully submitted,

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By: /s/ Victoria E. Brieant
Victoria E. Brieant (CA Bar No. 141519)
Law Office of Victoria E. Brieant

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Stip. And [Prop. Order] re Service
of Pl.’s Corrected Amended
Infringement Contentions
4:13-cv-04179

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Case4:13-cv-04179-JSW Document93 Filed02/11/15 Page5 of 6

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ORDER
Based on the foregoing stipulation and good cause appearing,

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IT IS SO ORDERED.
1.

Plaintiff Freeman’s proposed corrected amended infringement contentions shall be

served no later than five business days after entry of this Order; and
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Defendant Delta Air Lines shall have 45 days from service of Plaintiff’s corrected

amended infringement contentions to serve its amended invalidity contentions.
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DATED: February __, 2015.
________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE

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I hereby certify that on this 11th day of February, 2015, I will electronically file the
foregoing STIPULATION AND [PROPOSED] ORDER RE FILING OF PLAINTIFF’S
CORRECTED AMENDED INFRINGEMENT CONTENTIONS PURSUANT TO
PATENT L.R. 3-6 with the Clerk of the Court using the CM/ECF system, which will then send a
Notification of Filing (NEF) to counsel for plain__tiff at the addresses below:

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David H.S. Commins at [e-mail]
Kit L. Knudsen at [e-mail]
Stephen F. Roth at [e-mail]
Alexander Solo at [e-mail]

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By: /s/ Victoria E. Brieant

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Stip. And [Prop. Order] re Service
of Pl.’s Corrected Amended
Infringement Contentions
4:13-cv-04179

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