Syscan, Inc. v. Plustek, Inc. et al

Filing 148

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO CONTINUE CLAIM CONSTRUCTION HEARING re 147 Stipulation. Claim Construction Hearing set for 6/25/2010 at 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Status Report due 6/14/2010. No further continuances will be granted. Signed by Judge James Ware on 4/19/2010. (ecg, COURT STAFF) (Filed on 4/19/2010)

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KLEIN, O'NEILL & SINGH, LLP

YUNG MING CHOU (NO. 172118) [e-mail] 39111 Paseo Padre Parkway, Suite 207 Fremont, CA 94538 Telephone: [phone] Facsimile: 510-713-8690 Attorney for Plaintiff SYSCAN, INC.

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SANG N. DANG (NO. 214558) [e-mail] KLEIN, O'NEILL & SINGH, LLP 18200 Von Karman Suite 725 Irvine, CA 92612 Telephone: [phone] Facsimile: 949-955-1921 Attorneys for Defendants PLUSTEK INC. AND FUTUREWELL HOLDING LIMITED

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SYSCAN, INC., Plaintiff, vs. PLUSTEK INC. AND FUTUREWELL HOLDING LIMITED Defendants.

Case No. C 07-01603 JW STIPULATION TO CONTINUE CLAIM CONSTRUCTION HEARING AND [PROPOSED] ORDER

STIPULATION TO CONTINUE CLAIM CONSTRUCTION HEARING

Case No. C 07-01603 JW

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KLEIN, O'NEILL & SINGH, LLP

WHEREAS, pursuant to the Order dated March 17, 2010 (Docket No. 143), the Court have set the date for a claim construction hearing for April 23, 2010 at 9:00 a.m.; WHEREAS, the parties have re-engaged in settlement discussions, and have made substantial progress in negotiating settlement terms; WHEREAS, through their respective counsel of record, the parties have met and conferred to discuss continuing the claim construction hearing to allow the parties additional time to negotiate the settlement; and IT IS HEREBY STIPULATED by the undersigned parties, though their respective counsel of record, that the Claim Construction Hearing be continued to Monday June 21, 2010 or an alternative date thereafter that would fit the Court's calendar.

DATED: April 14, 2010 By /s/ Yung Ming Chou Yung Ming Chou Attorneys for Plaintiff SYSCAN, INC. DATED: April 14, 2010 KLEIN, O'NEILL & SINGH, LLP

By /s/ Sang N. Dang Sang N. Dang Attorneys for Defendants PLUSTEK INC. AND FUTUREWELL HOLDING LIMITED

STIPULATION TO CONTINUE CLAIM CONSTRUCTION HEARING

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Case No. C 07-01603 JW

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KLEIN, O'NEILL & SINGH, LLP

[PROPOSED] ORDER IT IS ORDERED that the that they have made "substantial be continued Based on the parties' representationClaim Construction Hearing shallprogress" in to ___________________________. negotiating settlement terms, the Court finds good cause to GRANT the parties' a continuance of the Claim _____________________ April 23, 2010. DATED: Construction hearing currently set for_____________________________________ U.S. DISTRICT JUDGE The Court sets Friday, June 25, 2010 at 9 a.m. for the Claim Construction hearing. On or before June 14, 2010, the parties shall file a Joint Status Report to update the Court on their settlement efforts. If a Stipulated Dismissal is on filed by June 14, 2010, the Claim Construction will be automatically vacated. Since this is the last Friday available for Claim Construction hearing until the Court's fall calendar, no further continuances will be granted.

Dated: April 19, 2010

________________________ JAMES WARE United States District Judge

STIPULATION TO CONTINUE CLAIM CONSTRUCTION HEARING

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Case No. C 07-01603 JW