West v. Jewelry Innovations, Inc. et al

Filing 222

STIPULATION AND ORDER re 216 Between West and Crown Ring to Permit Entry of West's First Amended Infringement Contentions as to Crown Ring For Good Cause Under Patent L.R. 3-7. Signed by Judge Jeremy Fogel on 10/29/08. (dlm, COURT STAFF) (Filed on 11/4/2008)

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Edward Vincent King, Jr. (SBN 085726) Alvin B. Lindsay (SBN 220236) KING & KELLEHER, LLP 20 California Street, 7th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff TRENT WEST

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TRENT WEST, Plaintiff, v. JEWELRY INNOVATIONS, INC., TOSYALI INTERNATIONAL, INC. (dba BENCHMARK), NORTHSTAR DIAMOND, INC. (dba TUNGSTEN MAGNUM), A JAMAIS DESIGNS, INC. (dba INFINITY RINGS), and CROWN RING, INC., Defendants. ___________________________________ And Related Cross-Actions

Case No.5:07-cv-1812 JF (HRL)

STIPULATION BETWEEN WEST AND CROWN RING TO PERMIT ENTRY OF WEST'S FIRST AMENDED INFRINGEMENT CONTENTIONS AS TO CROWN RING FOR GOOD CAUSE UNDER PATENT L.R. 3-7 AND ORDER

Plaintiff Trent West ("West"), by and through his undersigned counsel of record, and Defendant Crown Ring, Inc. ("Crown"), by and through its undersigned counsel of record, have agreed and stipulate under Civil L.R. 7-12 that good cause exists under Patent L.R. 3-7 to permit entry of West's First Amended Infringement Contentions, which are submitted herewith for the Court's review. A similar reciprocal stipulation seeking to permit entry of Crown's amended

invalidity contentions is forthcoming.

-1STIPULATION /ORDER RE: ENTRY OF WEST'S AMENDED INFRINGEMENT CONTENTIONS

Case No. 5:07-cv-1812 JF

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Fact discovery has progressed towards closing on December 5, 2008, and expert reports by the party with the burden of proof on an issue are to be served by November 25, 2008. Documents have been produced by the parties, and fact witness depositions have been taken. While additional production and depositions may occur before the close of discovery, West and Crown believe it is prudent, fair and justified to permit amendment to their infringement and invalidity contentions for good cause in order to prepare for filing of expert reports and to facilitate their supplemental responses to certain contention interrogatories before the close of fact discovery. Thus, West and Crown seek leave of the Court, based upon this stipulation as to good cause, to permit amendment of their infringement and invalidity contentions to conform their contentions to the evidence which has been made of record thus far in this matter. West and Crown have agreed that the scope of their stipulation for good cause under Patent L.R. 3-7 shall extend only to permitting entry of amendments based upon or arising directly from the content of evidence which has been made of record through production of documents or fact witness depositions. West and Crown agree that a party may not amend to

add contentions based upon evidence that has not been disclosed to the other party directly through production of documents or through deposition testimony made of record thus far. Accordingly, West and Crown request that the Court issue an Order, for good cause shown, permitting entry of West's First Amended Infringement Contentions Against Defendant Crown Ring, which have been submitted herewith for the Court's review. Crown's counsel has reviewed these contentions and confirms that West's amendments conform to the scope of the parties' above articulated agreement. Similar amended invalidity contentions submitted by

Crown will follow shortly upon their completion and West's counsel's review for agreement conformance. West's counsel files this stipulation having received Crown's counsel's consent. KING & KELLEHER By: /s/Alvin B. Lindsay__ Alvin B. Lindsay Attorneys for Plaintiff Trent West Date: October 28, 2008 TROJAN LAW OFFICES By: /s/R. Joseph Trojan _____ R. Joseph Trojan Attorneys for Defendant Crown Ring, Inc. Date: October 28, 2008 -2STIPULATION /ORDER RE: ENTRY OF WEST'S AMENDED INFRINGEMENT CONTENTIONS

Case No. 5:07-cv-1812 JF

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PURSUANT TO STIPULATION, IT IS SO ORDERED that West's First Amended Infringement Contentions Against Defendant Crown Ring shall be deemed entered based upon good cause appearing therefor under Patent L.R. 3-7.

29 DATED: October ____, 2008 Hon. Jeremy Fogel Judge, U.S. District Court ­ N.D. Cal.

-3STIPULATION /ORDER RE: ENTRY OF WEST'S AMENDED INFRINGEMENT CONTENTIONS

Case No. 5:07-cv-1812 JF