In re: ACACIA MEDIA TECHNOLOGIES CORP.,

Filing 321

ORDER AS MODIFIED BY THE COURT SETTING BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT re 320 Case Management Statement, 319 Response ( Non Motion ), Response ( Non Motion ) filed by Acacia Media Technologies Corp. Upon consideration of the part ies' separate submission, the Court finds good cause to give all parties a slight extension in light of the upcoming holiday schedule. Accordingly, the parties are to file the remaining briefs in connection with Defendants' §112 motion s is as follows: Plaintiff's Responsive Brief: December 15, 2008, Defendants' Reply Briefs: April 3, 2009. Upon completion of the briefs, the moving party shall compile a three ring binder for the Court's reference. Binders due 4/10/2009. Upon review, the Court will set as many hearings as necessary to adjudicate Defendants motions. Please see Order for further specifics. Signed by Judge James Ware on 11/13/2008. (ecg, COURT STAFF) (Filed on 11/13/2008)

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Gibson, Dunn & Crutcher LLP

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UNITED STATES DISTRICT COURT ER C N OF NORTHERN DISTRICT OF CALIFORNIA D I S T RICT
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In Re ACACIA MEDIA TECHNOLOGIES CORPORATION

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Case No. C-05-0114JW CV 05-01114 JW [PROPOSED] SCHEDULING ORDER FOR SUMMARY JUDGMENT BRIEFING Judge: Honorable James Ware

Upon consideration of the parties' separate submission, the Court finds good cause to give all parties a slight extension in light of the upcoming holiday schedule. Accordingly, IT IS HEREBY ORDERED that the schedule for the parties to file the remaining briefs in connection with Defendants' §112 motions is as follows: Plaintiff's Responsive Brief : December 26, 2008 ­ November 15, 2008 Defendants' Reply Briefs : April 3, 2009 ­ March 16, 2009 Upon completion of the briefs, the moving party shall compile a three ring binder containing (1) the IT IS SO ORDERED. motion and any supporting memorandum of law; (2) the opposition memorandum; (3) any reply Dated: ______________, 2008. memorandum; and (4) any exhibits in support or opposition to the motion, which shall be clearly ______________________________ JAMES WARE labeled. At the beginning of each binder the moving party shall include, as appropriate, a Chart A or B, United States District Judge in the format described below; each statement shall be supported by appropriate citations to the motion papers and or exhibits. Examples of Charts are as follows:

[PROPOSED] ORDER

CASE NO. C-05-0114JW

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Chart A - Summary of Infringement Issues
Patent Claim/Elements Stipulated Construction/Court Construction Accused Product Defense Asserted

`000 Patent, Claim 1 an apparatus comprising 1. a handle apparatus means: "a device which. . ." "handle" means a part held by the human hand Riverside Model 2 Riverside Model 2 the product lacks a handle

Chart B - Summary of Invalidity Issues
Title of Motion Patent Claim No. Basis of challenge Summary of argument in support of motion The specification states that the inventor was aware [See `000 Patent, Col 3:5-10] Summary of argument in opposition to motion The reference is to a different invention. Comments

United United States District Court

11
For the Northern District of California

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Partial Motion for Summary Judgment of Invalidity

`000

Claim 3

Lack of Disclosure of Best Mode

This matter is controlled by the Court's claim construction of the following terms:

These binders are not substitutes for filing the motions and related papers via ECF. Two copies of the binders, marked, "Chambers' Copies," shall be delivered to the Court (by way of the Clerk's Office) on or before April 10, 2009 by 3 p.m. Upon review, the Court will set as many hearings as necessary to adjudicate Defendants' motions.

Dated: November 13, 2008

JAMES WARE United States District Judge