BrightEdge Technologies, Inc. v. Searchmetrics, GmbH. et al

Filing 165

ORDER by Judge Haywood S. Gilliam, Jr. Granting 162 Stipulation Re Case Schedule. Motions due by 3/1/2018; Replies due by 3/22/2018.; Responses due by 3/15/2018; Claims Construction Hearing set for 4/5/2018 02:00 PM. (ndrS, COURT STAFF) (Filed on 10/12/2017)

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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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BRIGHTEDGE TECHNOLOGIES, INC.,

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Plaintiff,

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v.
SEARCHMETRICS GMBH. ET AL.,

Case No.4:14-cv-01009-HSG
STIPULATION AND [PROPOSED]
ORDER REGARDING CASE
SCHEDULE THROUGH CLAIM
CONSTRUCTION

Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE THROUGH CLAIM CONSTRUCTION
CASE NO. 4:14-CV-01009-HSG

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IT IS HEREBY STIPULATED AND AGREED, by and between BrightEdge

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Technologies, Inc. (“BrightEdge”) and Defendants Searchmetrics GmbH and Searchmetrics, Inc.

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(collectively, “Searchmetrics”) through their undersigned counsel, as follows:
WHEREAS The following events occurred pursuant to the Patent Local Rules, prior to the

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Court staying this case on November 21, 2014 (Dkt. No. 109):
Date
6-6-14
8-27-14
9-8-14
9-29-14
10-27-14

Event
BrightEdge disclosed asserted claims, infringement contention,
and its accompanying document production
Searchmetrics disclosed invalidity contentions and its
accompanying document production
The parties exchanged proposed terms for construction
The parties exchanged preliminary claim constructions and
extrinsic evidence
The parties filed a joint claim construction and prehearing
statement

Patent L.R.
3-1 & 3-2
3-3 & 3-4
4-1
4-2
4-3

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WHEREAS the Patent Local Rules were amended on January 17, 2017 to add additional

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requirements necessitating amendment/supplementation of some of these disclosures as described

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below.

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IT IS HEREBY STIPULATED that, subject to the Court’s approval, the Parties agree to
the following case schedule through claim construction:

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Date

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Any time

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21 days after
Searchmetrics
files its § 101
motion
10 days after
BrightEdge
files its
opposition to
Searchmetrics’
§ 101 motion

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TBD

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10-17-17
10-24-17

Event
Patent L.R.
Searchmetrics may file its motion for judgment on the
pleadings based on 35 U.S.C. § 101 (limited to 25 pages)
BrightEdge files its opposition to Searchmetrics’ motion for
judgment on the pleadings based on 35 U.S.C. § 101 (limited to
25 pages)
Searchmetrics files its reply in support of its motion for
judgment on the pleadings based on 35 U.S.C. § 101 (limited to
15 pages)
The Court holds a hearing on Searchmetrics’ motion for
judgment on the pleadings based on 35 U.S.C. § 101
Deadline for the parties to complete meet and confers and
resubmit only the live portions of prior discovery disputes and
motion to seal (Dkt. Nos. 105, 106, 107, and 108) to Judge
James (see Dkt. No. 110)
BrightEdge supplements its infringement contentions and

-3-1(h) & 3-

STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE THROUGH CLAIM CONSTRUCTION
CASE NO. 4:14-CV-01009-HSG

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Date

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11-27-17

Event
Patent L.R.
accompanying document production only to comply with the
2(f)–(j)
amendments to the Patent Local Rules
Searchmetrics supplements its invalidity contentions and
3-3(a), (c)
accompanying document production only to comply with the
& 3-4(c)–(e)
amendments to the Patent Local Rules

1-16-18

BrightEdge serves damages contentions

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2-15-18

Searchmetrics serves responsive damages contentions

3-9

3-1-18

BrightEdge files its opening claim construction brief

4-5(a)

3-13-18

Searchmetrics completes depositions of any expert who offers a
declaration in support of BrightEdge’ claim construction
positions

3-15-18

Searchmetrics files its responsive claim construction brief

3-20-18

BrightEdge completes depositions of any expert who offers a
declaration in support of Searchmetrics’ claim construction
positions

3-22-18

BrightEdge files its reply claim construction brief

4-5-18

The court holds a claim construction hearing

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4-5(b)
4-4
4-5(c)
4-6

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DATED: October 12, 2017

Respectfully submitted,
BAKER BOTTS L.L.P.
By: /s/ Jon Swenson
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G. HOPKINS GUY (SBN 124811)
[e-mail]
JON V. SWENSON (SBN 233054)
[e-mail]
BAKER BOTTS L.L.P.
1001 Page Mill Road, Suite 200
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
BRIGHTEDGE TECHNOLOGIES, INC.

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE THROUGH CLAIM CONSTRUCTION
CASE NO. 4:14-CV-01009-HSG

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DATED: October 12, 2017

Respectfully submitted,
DLA PIPER LLP (US)
By: /s/ Carrie Williamson (with permission)
MARK FOWLER
TIMOTHY LOHSE
CARRIE L. WILLIAMSON
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Telephone: [phone]
Facsimile: 650.833.2001
Attorneys for Defendants
SEARCHMETRICS GMBH and
SEARCHMETRICS, INC.

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE THROUGH CLAIM CONSTRUCTION
CASE NO. 4:14-CV-01009-HSG

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[PROPOSED ORDER]
PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

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Dated: 10/12/2017
_____________________________________
Hon. Haywood S. Gilliam, Jr.

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE THROUGH CLAIM CONSTRUCTION
CASE NO. 4:14-CV-01009-HSG