Netlist, Inc v. Smart Modular Technologies, Inc

Filing 270

ORDER GRANTING REVISED PATENT SCHEDULE AND AMENDED COMPLAINT re 265 Joint Statement filed by Diablo Technologies Inc, Netlist Inc, Smart Storage Systems Inc. Non-Expert Discovery cutoff is 4/15/15. Opening Brief re Dispositive Motions filed 6/11/15;. Responses due by 6/25/2015; Replies due by 7/2/2015. The Compliance hearing set for October 14, 2014 is VACATED. The Stipulation to file the amended complaint has been granted in related action 13-cv-5962. Signed by Judge Yvonne Gonzalez Rogers on 10/8/14. (fs, COURT STAFF) (Filed on 10/8/2014)

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Counsel for all parties listed on the signature page

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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NETLIST, INC.,

CASE NO. 4:13-CV-05889-YGR

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Plaintiff,

JOINT STATEMENT WITH PROPOSED
ORDER REGARDING PATENT
SCHEDULE AND AMENDED
COMPLAINT

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v.

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ORDER GRANTING REVISED

SMART STORAGE SYSTEMS, INC., and
DIABLO TECHNOLOGIES, INC.,

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Defendants.

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Joint Statement Regarding Patent Schedule And
Amended Complaint

4:13-CV-05889-YGR

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Pursuant to the Court’s Minute Entry of September 22, 2014 [Dkt. No. 260], Plaintiff

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Netlist, Inc. (“Netlist”) and Defendants SMART Storage Systems, Inc. (“SMART Storage”) and

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Diablo Technologies, Inc. (“Diablo,” collectively “Defendants”) submit this joint statement:

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(1) The parties have resolved all disputes with regards to Netlist filing its Third Amended

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Complaint to add SanDisk Corporation as a named defendant. The parties submitted a

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joint stipulation on October 1, 2014 [Dkt. No. 262], wherein the parties agreed that

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Netlist may file the amended complaint attached thereto.

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withdrawn its motion for leave, and all further dates related to this motion (including

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the October 28 hearing date) may be removed from the Court’s calendar.

As such, Netlist has

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(2) The parties agree that discovery in the patent case shall proceed pending the PTO’s

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decision whether to institute inter partes review (which is expected in late 2014 or

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early 2015). This discovery may include, but not be limited to, topics such as the

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structure, function, operation, marketing and sales of the accused products. By so

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agreeing, no party is waiving its objection that particular discovery should take place

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after the PTO’s decision on whether to institute inter partes review. The parties

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propose the following schedule for the patent claims:

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EVENT 

PARTIES’ PROPOSED
DEADLINE 

Non-Expert Discovery Cut Off 

April 15, 2015 

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Expert Disclosure 

May 1, 2015 

Rebuttal Expert Disclosure 

May 15, 2015 

Expert Discovery Cut Off 

May 29, 2015 

Deadline for Identifying Asserted Claims 

May 29, 2015 

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Opening Brief – June 11, 2015 
Opposition Brief – June 25, 2015
Reply Brief – July 2, 2015 

Dispositive Motions  

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Trial Date for Trade Secret Case (13-CV-5962 YGR)

July 6, 2015 

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Joint Statement Regarding Patent Schedule And
Amended Complaint

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4:13-CV-05889-YGR

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In view of the foregoing, the parties respectfully request that the Compliance Hearing currently
scheduled for October 14, 2014, at 1:00 p.m. be taken off calendar.

ORDER

3 The Court adopts the above schedule. The stipulation to file the amended complaint has
4 been granted in related action 13-cv-5962 YGR. The compliance hearing
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set for October 14, 2014, is VACATED.
IT IS SO ORDERED.

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Signed this _____ day of October, 2014.
8th

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___________________________________

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HON. YVONNE GONZALEZ ROGERS
U.S. DISTRICT COURT JUDGE

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McANDREWS, HELD & MALLOY, LTD.

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Dated: October 6, 2014

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/s/ Ronald H. Spuhler
THOMAS J. WIMBISCUS
GREGORY C. SCHODDE
RONALD H. SPUHLER
WAYNE H. BRADLEY
BARTKO, ZANKEL, BUNZEL & MILLER
BENJAMIN K. RILEY
ROBERT N. BUNZEL
W. PAUL SCHUCK
SONY B. BARARI
SIMON R. GOODFELLOW

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DLA PIPER LLP (US)
SEAN C. CUNNINGHAM
STANLEY J. PANIKOWSKI
ERIN P. GIBSON
RAJIV DHARNIDHARKA
RYAN W. COBB

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Attorneys for Plaintiff
NETLIST, INC.

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Joint Statement Regarding Patent Schedule And
Amended Complaint

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4:13-CV-05889-YGR

McDERMOTT WILL & EMERY LLP

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Dated: October 6, 2014

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/s/ Fabio E. Marino
FABIO E. MARINO
JUDITH S.H. HOM
Attorneys for Defendants
DIABLO TECHNOLOGIES, INC.

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JONES DAY

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Dated: October 6, 2014

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/s/ Steven J. Corr
GREGORY L. LIPPETZ
KATHLEEN D. LYNOTT
STEVEN J. CORR
Attorneys for Defendant
SMART STORAGE SYSTEMS, INC.

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Joint Statement Regarding Patent Schedule And
Amended Complaint

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4:13-CV-05889-YGR