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

Filing 83

ORDER by Judge Haywood S. Gilliam, Jr. Granting 82 Stipulation for Extension of Claim Construction Proceedings. Discovery due by 4/19/2019; Motions due by 5/3/2019; Responses due by 5/17/2019; Replies due by 5/24/2019; Tutorial Hearing set for 5/31/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor and Claims Construction Hearing set for 6/7/2019 02:00 PM. (ndrS, COURT STAFF) (Filed on 2/1/2019)

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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 FOR CLAIM
CONSTRUCTION PROCEEDINGS
AND [PROPOSED] ORDER

SAP AMERICA, INC., et al.,
Defendants.
Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. (“Big Baboon”) and Defendants

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SAP America, Inc. and HP Inc. (“Defendants”) hereby submit this Stipulation To Extend Dates
In Scheduling Order For Claim Construction Proceedings by six weeks. This includes the
following deadlines and the Technology Tutorial and Claim Construction Hearing set in the

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JOINT STIPULATION TO EXTEND DATES FOR CLAIM
CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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Scheduling Order (ECF No. 58) and modified by the Order Extending Dates in the Scheduling
Order (ECF No. 81) (or as agreed by the parties):
Litigation Event
Description of the Substance
of Expert Witness’ Proposed
Testimony Pursuant to L.R.
4-2(b)
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

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Claim Construction Hearing

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Previous Date
February 4, 2019

Requested Date
March 18, 2019

February 6, 2019

March 20, 2019

March 8, 2019

April 19, 2019

March 22, 2019

May 3, 2019

April 5, 2019

May 17, 2019

April 12, 2019

May 24, 2019

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

At the convenience of the
Court, on or after May 31,
2019
At the convenience of the
Court, on or after June 7,
2019

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

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1.

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

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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.

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

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finally the Claim Construction Hearing.

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3.

The parties seek this six-week extension to avoid expending significant party and

Court resources on claim construction proceedings at this time given that Defendants’
Motion for Summary Judgment of Invalidity is pending.
4.

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

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granted (ECF No. 40) the parties’ stipulation to extend the briefing schedule for Motion to

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

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under Patent LR 4-2(b) from January 7, 2019 to January 14, 2019, and on January 4, 2019,

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agreed to extend that deadline again to February 4, 2019; (5) on January 4, 2019, the parties

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filed a stipulation extending the all other claim construction deadlines by four weeks, a

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stipulation this Court signed on January 6, 2019.
5.

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

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

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JOINT STIPULATION TO EXTEND DATES FOR CLAIM
CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
Case No.: 4:17-cv-02082-HSG
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Pursuant to Local Rule 6-2, submitted with this stipulation is the Declaration of J.
Christopher Carraway, which (1) sets forth with particularity, the reasons for the requested

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enlargement or shortening of time; (2) discloses all previous time modifications in the case,

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whether by stipulation or Court order; and (3) describes the effect the requested time

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modification would have on the schedule for the case.

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Dated: January 31, 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.

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

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The deadlines in the Scheduling Order (ECF No. 58) are amended as follows:
Litigation Event
Description of the Substance of Expert Witness’ Proposed
Testimony Pursuant to L.R. 4-2(b)
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

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Claim Construction Hearing

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March 20, 2019
April 19, 2019
May 3, 2019
May 17, 2019
May 24, 2019
At the convenience of the
May 31, 2019 at 2 p.m.
Court, on or after May 31,
2019
At the 2019 at 2 p.m.
June 7,convenience of the
Court, on or after June 7,
2019

IT IS SO ORDERED.
Dated: ________________
2/1/2019

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

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Date
March 18, 2019

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