Technology Licensing Corporation v. Blackmagic Design Pty Ltd.

Filing 61

ORDER Granting 60 Stipulation. Opening Claim Construction due by 9/4/2014; Responses due by 9/22/2014; Replies due by 10/2/2014. Signed by Judge Saundra Brown Armstrong on 4/15/2014. (ndr, COURT STAFF) (Filed on 4/15/2014)

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DAVIS WRIGHT TREMAINE LLP
Martin L. Fineman, Bar No. 104413
505 Montgomery Street, Suite 800
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
NIRO HALLER & NIRO
Raymond P. Niro
(Member of the N.D. Cal. Bar)
[e-mail]
Joseph N. Hosteny (pro hac vice)
[e-mail]
Arthur A. Gasey (pro hac vice)
([e-mail])
181 West Madison Street, Suite 4600
Chicago, Illinois 60602
Telephone: (312) 236 – 0733
Facsimile: (312) 236 – 3137

Gregory L. Lippetz (State Bar No. 154228)
[e-mail]
Laurie M. Charrington (State Bar No. 229679)
[e-mail]
JONES DAY
Silicon Valley Office
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
BLACKMAGIC DESIGN PTY LTD.

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Attorneys for Plaintiff
TECHNOLOGY LICENSING CORP.

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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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TECHNOLOGY LICENSING CORP.,
Plaintiff,

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v.

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Case No. 4:13-CV-05184 SBA
STIPULATION TO EXTEND
PATENT LOCAL RULE DEADLINES
BY THIRTY (30) DAYS

BLACKMAGIC DESIGN PTY LTD.,
Defendant.

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STIPULATION TO EXTEND PATENT LOCAL
RULE DEADLINES BY 30 DAYS
CASE NO. 4:13-CV-05184-SBA

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Pursuant to Civil Local Rules 6-1(a) and 7-12, Plaintiff Technology Licensing

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Corporation (“TLC”) and Defendant Blackmagic Design PTY LTD. (“Blackmagic”) (collectively

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“the parties”) hereby stipulate to extend Blackmagic’s deadlines under Patent Local Rule 3-3 and

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3-4 by 30 days.

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WHEREAS TLC served its Patent Local Rule 3-1 infringement contentions on March 6,

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2014. Pursuant to Patent Local Rule 3-3 and 3-4, and the Joint Proposed Case Management

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Order (ECF No. 59), Blackmagic’s invalidity contentions are currently due April 21, 2014.

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WHEREAS Blackmagic proposed the parties agree to limit the number of asserted claims

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in this case and the number of prior art references, however TLC has not yet agreed to limit the

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number of claims. Blackmagic intends to move for an Order directing TLC to limit the number

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of claims it asserts against Blackmagic, before Blackmagic is required to serve its invalidity

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contentions under the Patent Local Rules.

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WHEREAS the parties have agreed to extend the deadline for Blackmagic to serve its
invalidity contentions so Blackmagic may seek an Order before its contentions are due.

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WHEREAS no schedule has been set in this case. Therefore, the schedule previously

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proposed by the parties (ECF No. 59) should be modified as set forth in Exhibit A.

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BLACKMAGIC AND TLC HEREBY STIPULATE THAT:

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Blackmagic’s deadlines under Patent L.R. 3-3 and 3-4 shall be extended 30 days, and

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Blackmagic’s Invalidity Contentions are now due May 21. The parties further stipulate that the

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schedule previously submitted by the parties (ECF No. 59) is withdrawn and the Amended Joint

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Proposed Case Schedule attached as Exhibit A shall be submitted to the Court for consideration.

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STIPULATION TO EXTEND PATENT LOCAL
RULE DEADLINES BY 30 DAYS
CASE NO. 4:13-CV-05184-SBA

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Dated: April 7, 2014

Respectfully submitted,

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JONES DAY

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By:

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/s/ Laurie M. Charrington
Laurie M. Charrington

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Attorneys for Defendant
BLACKMAGIC DESIGN PTY LTD.

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NIRO, HALLER & NIRO

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By:

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/s/ Joseph N. Hosteny
Joseph N. Hosteny

Attorneys for Plaintiff
TECHNOLOGY LICENSING
CORPORATION

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IT IS SO ORDERED:
Dated: 4/15/2014

________________________________________
Saundra Brown Armstrong
U.S. District Judge

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STIPULATION TO EXTEND PATENT LOCAL
RULE DEADLINES BY 30 DAYS
CASE NO. 4:13-CV-05184-SBA

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Exhibit A
Amended Joint Proposed Case Schedule

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Previously

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Proposed Dates

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(ECF No. 59)

Amended Proposed

Event

Deadlines

April 21, 2014

May 21, 2014

Serve “Invalidity Contentions.” (PLR 3-3).
Produce documents to accompany “Invalidity
Contentions.” (PLR 3-4).

May 5, 2014

June 9, 2014

Exchange of Proposed Terms for Construction. (PLR
4-1).

May 26, 2014

June 30, 2014

Exchange of Preliminary Claim Construction and
Extrinsic Evidence. (PLR 4-2).

June 20, 2014

July 21, 2014

File Joint Claim Construction and Prehearing
Statement. (PLR 4-3).

July 21, 2014

August 20, 2014

Complete Claim Construction discovery. (PLR-4-4).

August 4, 2014

September 4, 2014

Opening claim construction brief due. (PLR 4-5).

August 18, 2014

September 22, 2014

Responsive claim construction brief due. (PLR 4-5).

August 25, 2014

October 2, 2014

Reply claim construction brief due. (PLR 4-5).

October 17, 2014

October 17, 2014

2 Binders of each sides presentation slides for Claim
construction hearing due.

October 23, 2014,
10:00 a.m.
50 days after the
Court’s service of
the claim
construction ruling
TBD

Claim construction hearing. (PLR 4-6).

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October 23, 2014,
10:00 a.m.
50 days after the
Court’s service of
the claim
construction ruling
TBD

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TBD

TBD

Designation of expert witnesses and exchange of
initial reports for party with burden of proof.

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TBD

TBD

Exchange of rebuttal expert reports.

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TBD

TBD

Close of expert discovery.

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TBD

TBD

Dispositive motions and motions re experts due.

TBD

TBD

Pretrial conference.

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Advice of counsel defense discovery due. (PLR 3-7).

Close of fact discovery.

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STIPULATION TO EXTEND PATENT LOCAL
RULE DEADLINES BY 30 DAYS
CASE NO. 4:13-CV-05184-SBA

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ATTESTATION
I, Laurie M. Charrington, an ECF User whose ID and password are being used to file this

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STIPULATION TO EXTEND PATENT LOCAL RULE DEADLINES BY THIRTY (30)

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DAYS, in compliance with Civil L.R. 5-1(i)(3), hereby attest that Joseph N. Hosteny, attorney for

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Technology Licensing Corp., has concurred with this filing.

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Dated: April 7, 2014

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By:
/s/ Laurie M. Charrington
Laurie M. Charrington

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Attorneys for Defendant
BLACKMAGIC DESIGN PTY LTD.

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SVI-143666v1

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STIPULATION TO EXTEND PATENT LOCAL
RULE DEADLINES BY 30 DAYS
CASE NO. 4:13-CV-05184-SBA