IXI Mobile (R&D) Ltd. et al v. Samsung Electronics Co., Ltd. et al

Filing 170

ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 160 in case 4:15-cv-03755-HSG and 169 in case 4:15-cv-03752-HSG) Stipulation Re: Specially Setting Hearing on Motion for Leave to Amend its Infringement Contentions and Asserted Claims. (ndrS, COURT STAFF) (Filed on 3/15/2019)

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John V. Picone III, Bar No. 187226
[e-mail]
Jennifer S. Coleman, Bar No. 213210
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, CA 95113-2406

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mailing address:
P.O. Box 1469
San Jose, CA 95109-1469
Telephone:
[phone]
Facsimile:
[phone]

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Additional counsel in signature block

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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IXI MOBILE (R&D) LTD. and IXI IP,
LLC,
Plaintiffs,

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CASE NO. 4:15-CV-03752-HSG

v.
SAMSUNG ELECTRONICS CO., et al.,
Defendants.

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IXI MOBILE (R&D) LTD. and IXI IP,
LLC,

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Plaintiffs,
v.
APPLE INC.

CASE NO. 4:15-CV-03755-HSG
(RELATED CASE)
STIPULATION AND ORDER RE:
SPECIALLY SETTING HEARING ON
PLAINTIFF’S MOTION FOR LEAVE TO
AMEND ITS INFRINGEMENT
CONTENTIONS AND ASSERTED
CLAIMS

Defendant.
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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

626\3222781.1
STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS

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Pursuant to this Court’s Orders dated February 21, 2019 and March 11, 2019, Plaintiffs IXI

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Mobile (R&D) Ltd. and IXI IP, LLC (collectively “IXI” or “Plaintiffs”), Defendants Samsung

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Electronics Co., Ltd. and Samsung Electronics America, Inc. (hereinafter “Samsung”), and

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Defendant Apple Inc. (hereinafter “Apple”) (collectively “Defendants”) submit this Stipulation to

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and [Proposed] Order Specially Setting Hearing on Plaintiffs’ Motion for Leave to Amend its

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Infringement Contentions and Asserted Claims filed March 7, 2019.

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RECITALS
WHEREAS, on February 21, 2019, a Case Management Conference was held before
Honorable Haywood S. Gilliam, Jr.;
WHEREAS, pursuant to the Case Management Conference, the Court ordered, among other
things, that:
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Plaintiffs would have 14 days from the date of the hearing, or to March 7, 2019, to

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file its Motion for Amend Leave to Amend its Infringement Contentions and Asserted Claims

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(“Motion to Amend”);

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2)

Defendants would have 14 days from the date of the motion filing date to file

opposition to Motion to Amend;
3)

Plaintiffs would have seven days from filing of opposition to the Motion to Amend

to file a reply to Motion to Amend; and
4)

The Parties were to meet and confer and e-file a stipulation and proposed order

setting a Motion to Amend hearing date on shortened time basis.

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WHEREAS, on March 7, 2019, Plaintiffs filed their Motion to Amend with a hearing date

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for April 18, 2019, indicating that IXI was available as early as mid-April though IXI had not yet

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agreed with Defendants on a hearing date;

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WHEREAS, on March 11, 2019, the Court ordered that the “[p]arties were directed at the

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February 21st motion hearing to meet and confer and e-file a stipulation and proposed order setting

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a motion hearing date on shortened time basis” and that “that has not occurred.” Dkt. No. 167;

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

WHEREAS, the earliest available hearing date before the Court for the Motion to Amend
is June 6, 2019 per the Court’s Scheduling Notes.
-2STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS

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WHEREAS, pursuant to the Court’s direction to seek an earlier date and as set forth in its

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February 21 and March 11 Orders, the Parties have now met and conferred and desire to have the

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Motion to Amend scheduled to be specially set on the earliest date that all parties are available for

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a hearing on the Motion to Amend, which is May 9, 2019.

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

-3STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS

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STIPULATION
WHEREFORE, the parties agree and stipulate that Plaintiffs’ Motion to Amend shall be

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heard on May 9, 2019, at 2:00 p.m., or on another date convenient to the Court. No other

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deadlines will be affected by the requested relief.

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Dated: March 14, 2019

HOPKINS & CARLEY
A Law Corporation

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By: /s/ John V. Picone III
John V. Picone III
[e-mail].
Jennifer S. Coleman
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, CA 95113-2406

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Jason D. Cassady (pro hac vice)
[e-mail]
Hamad M. Hamad (pro hac vice)
[e-mail]
Robert Seth Reich, Jr. (pro hac vice)
CALDWELL CASSADY & CURRY P.C.
2101 Cedar Springs Rd. Ste. 1000
Dallas, TX 75201
Telephone: [phone]

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Attorneys for Plaintiffs
IXI MOBILE (R&D) LTD. and IXI IP, LLC

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

-4STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS

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Dated: March 14, 2019

KIRKLAND & ELLIS LLP

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By: /s/ Todd M. Friedman
Gregory S. Arovas, P.C.
Todd M. Friedman, P.C.
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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David Rokach (admitted pro hac vice)
KIRKLAND & ELLIS LLP
300 N. LaSalle
Chicago, Illinois 60654
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Brandon Brown
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Samsung Electronics Co., Ltd.
and Samsung Electronics America, Inc.

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Dated: March 14, 2019

SIMPSON THACHER & BARTLETT

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By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

-5STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS

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ATTESTATION OF E-FILED SIGNATURE
Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in

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the filing of this document from all signatories for whom a signature is indicated by a

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“conformed” signature (/ s /) within this electronically filed document and I have on file records

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to support this concurrence for subsequent production to the Court if so ordered or for inspection

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upon request.

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Executed on March 14, 2019, at San Jose, California.
HOPKINS & CARLEY
A Law Corporation

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By: /s/ John V. Picone III
John V. Picone III
Attorneys for Defendants
IXI MOBILE (R&D), LTD., and IXI IP, LLC

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

-6STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS

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ORDER

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Good cause appearing, IT IS HEREBY ORDERED that Plaintiffs’ Motion for Leave to

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Amend its Infringement Contentions and Asserted Claims filed March 7, 2019 will be heard on

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May 9, 2019 at 2:00 p.m. in Courtroom 2, Fourth Floor, 1301 Clay Street, Oakland, CA 94612.

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IT IS SO ORDERED.

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Dated: March 15, 2019
HON. HAYWOOD S. GILLIAM, JR.

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

-7STIPULATION AND ORDER RE: SPECIALLY SETTING HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND ITS
INFRINGEMENT CONTENTIONS AND ASSERTED CLAIMS