Big Baboon, Inc. v. SAP America, Inc. et al

Filing 81

ORDER by Judge Haywood S. Gilliam, Jr. Granting 80 Stipulation to Extend Dates re 58 Case Management Scheduling Order for Claim Construction Proceedings. Motions due by 3/22/2019; Responses due by 4/5/2019; Replies due by 4/12/2019; Tutorial Hearing set for 4/19/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor; Claims Construction Hearing set for 4/26/2019 02:00 PM. (ndrS, COURT STAFF) (Filed on 1/7/2019)

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Robert H. Sloss, (SBN 87757)
[e-mail]
PROCOPIO, CORY, HARGREAVES &
SAVITCH LLP
1117 California Ave., Suite 200
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 619.235.0398
Lance D. Reich, pro hac vice
[e-mail]
Kevin E. Regan, (SBN 262335)
[e-mail]
HELSELL FETTERMAN LLP
1001 Fourth Ave., Suite 4200
Seattle, WA 98154
Telephone: [phone]
Facsimile: 206.340.0902

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BIG BABOON, INC.,
Plaintiff,

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Attorneys for Defendants
SAP AMERICA, INC. and HP INC.

Attorneys for Plaintiff
Big Baboon, Inc.

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J. Christopher Carraway (pro hac vice)
[e-mail]
Klaus H. Hamm (SBN 224905)
[e-mail]
KLARQUIST SPARKMAN, LLP
121 S.W. Salmon Street, Suite 1600
Portland, Oregon 97204
Telephone: [phone]
Facsimile: [phone]

v.

Case No. 4:17-cv-02082-HSG
JOINT STIPULATION TO
EXTEND DATES IN THE
SCHEDULING ORDER FOR CLAIM
CONSTRUCTION PROCEEDINGS
AND [PROPOSED] ORDER

SAP AMERICA, INC., et al.,
Defendants.

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Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. (“Big Baboon”) and Defendants
SAP America, Inc. and HP Inc. (“Defendants”) hereby submit this Stipulation To Extend Dates
In Scheduling Order For Claim Construction Proceedings by four weeks. This includes the

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JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER
FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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following deadlines and the Technology Tutorial and Claim Construction Hearing set in the
Scheduling Order (ECF No. 58):
Litigation Event
Joint Claim Construction and
Prehearing Statement
Pursuant to L.R. 4-3
Claim Construction
Discovery Cut-Off Pursuant
to L.R. 4-4
Plaintiff’s Opening Claim
Construction Brief Pursuant to
L.R. 4-5
Defendant’s Responsive Claim
Construction Brief Pursuant to
L.R. 4-5
Plaintiff’s Reply Claim
Construction Brief Pursuant to
L.R. 4-5
Technology Tutorial

Current Date
January 9, 2019

Requested Date
February 6, 2019

February 8, 2019

March 8, 2019

February 22, 2019

March 22, 2019

March 8, 2019

April 5, 2019

March 15, 2019

April 12, 2019

March 22, 2019 at 10:00 a.m.

Claim Construction Hearing

March 29, 2019 at 2:00 p.m.

At the convenience of the
Court, on or after April 19,
2019
At the convenience of the
Court, on or after April 26,
2019

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The reasons for the requested four-week extension of these dates is set forth below, and
in the accompanying Declaration of J. Christopher Carraway.
1.

On November 15, 2018, the Court heard argument on Defendants’ Motion for

Summary Judgment of Invalidity (ECF No. 60) and took the motion under advisement. A

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decision granting the motion would make claim construction proceedings moot.
2.

The parties are about to commence the most resource-intensive phase of claim

construction, including expert disclosures, claim construction discovery (including the

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JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER
FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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possibility of expert depositions), claim construction briefs, a Technology Tutorial, and
finally the Claim Construction Hearing.
3.

The parties seek the four-week extension to avoid expending significant party and

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Court resources on claim construction proceedings at this time given that Defendants’

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Motion for Summary Judgment of Invalidity is pending.

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4.

The prior time modifications in this case are: (1) on May 10, 2018, the Court

granted (ECF No. 40) the parties’ stipulation to extend the briefing schedule for Motion to
Dismiss Big Baboon’s First Amended Complaint; (2) on November 23, 2018, the parties

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stipulated to extend Defendants’ deadline for its Patent LR 4-1 disclosure from November

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23, 2018 to November 28, 2018; (3) on November 28, 2018, the parties stipulated to extend

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the deadline for expert disclosures under Patent LR 4-2(b) from December 14, 2018 to

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January 7, 2019; and (4) on January 3, 2018, the parties stipulated to extend the deadline for
expert disclosures under Patent LR 4-2(b) from January 7, 2019 to January 14, 2019.
5.

The parties’ current proposed extension will not affect any other dates scheduled

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for the case, as the only dates scheduled thus far are the dates at issue in this stipulation.

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Pursuant to Local Rule 6-2, submitted with this stipulation is the Declaration of J.

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Christopher Carraway, which (1) sets forth with particularity, the reasons for the requested
enlargement or shortening of time; (2) discloses all previous time modifications in the case,
whether by stipulation or Court order; and (3) describes the effect the requested time
modification would have on the schedule for the case.

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JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER
FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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Dated: January 4, 2019

PROCOPIO, CORY, HARGREAVES &
SAVITCH LLP

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By: s/ Lance D. Reich ___________________
Robert H. Sloss (SBN. 87757)
Lance D. Reich (admitted pro hac vice)
Kevin E. Regan (SBN 262335)

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Attorneys for Plaintiff
Big Baboon, Inc.

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KLARQUIST SPARKMAN, LLP

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By: s/ Klaus H. Hamm_________________
J. Christopher Carraway (pro hac vice)
[e-mail]
Klaus H. Hamm (SBN 224905)
[e-mail]
121 S.W. Salmon Street, Suite 1600
Portland, Oregon 97204
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants
SAP AMERICA, INC. and HP INC.

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ATTESTATION

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The filer of this document attests that concurrence in the filing of the document has been

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obtained from each of the other Signatories.
[PROPOSED] ORDER
The deadlines in the Scheduling Order (ECF No. 58) are amended as follows:
Litigation Event
Joint Claim Construction and Prehearing Statement Pursuant to
L.R. 4-3
Claim Construction Discovery Cut-Off Pursuant to L.R. 4-4
Plaintiff’s Opening Claim Construction Brief Pursuant to L.R. 4-5
Defendant’s Responsive Claim Construction Brief Pursuant to
L.R. 4-5
Plaintiff’s Reply Claim Construction Brief Pursuant to L.R. 4-5

Date
February 6, 2019
March 8, 2019
March 22, 2019
April 5, 2019
April 12, 2019

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JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER
FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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Technology Tutorial

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Claim Construction Hearing

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At the convenience of the
Court, on or after April
19, 2019 at 10:00 a.m.
At the convenience of the
Court, on or after April
26, 2019 at 2:00 p.m.

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IT IS SO ORDERED.
Dated: ________________
1/7/2019

___________________________________________
THE HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER
FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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