West v. Jewelry Innovations, Inc. et al

Filing 226

ORDER APPROVING 225 STIPULATION BETWEEN PLAINTIFF TRENT WEST AND DEFENDANT CROWN RING, INC. TO PERMIT ENTRY OF CROWN RING, INC.'S FIRST AMENDED PRELIMINARY INVALIDITY CONTENTIONS FOR GOOD CAUSE UNDER PATENT L.R. 3-7. Signed by Judge Jeremy Fogel on 11/14/08. (jflc2, COURT STAFF) (Filed on 11/14/2008)

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R. Joseph Trojan CA Bar No. 137,067 [e-mail] TROJAN LAW OFFICES 9250 Wilshire Blvd., Suite 325 Beverly Hills, CA 90212 Telephone: [phone] Facsimile: 310-777-8348 Attorneys for Defendant, CROWN RING, INC.

**E-Filed 11/14/08**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TRENT WEST, Plaintiff, v. JEWELRY INNOVATIONS, INC., TOSYALI INERNATIONAL, INC., (d.b.a. BENCHMARK), DIAMOND NORTHSTAR, INC., (d.b.a. TUNGSTEN MAGNUM), A JAMAIS DESIGNS, INC. (d.b.a. INFINITY RINGS), and CROWN RING, INC., Defendants, and Related Counterclaims CASE NO. C 07-1812-JF (HRL) ORDER APPROVING STIPULATION BETWEEN PLAINTIFF TRENT WEST AND DEFENDANT CROWN RING, INC. TO PERMIT ENTRY OF CROWN RING, INC.'S FIRST AMENDED PRELIMINARY INVALIDITY CONTENTIONS FOR GOOD CAUSE UNDER PATENT L.R. 3-7

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BEVERLY HILLS

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Defendant Crown Ring, Inc. ("Crown Ring"), by and through its undersigned counsel of record, and Plaintiff Trent West ("West"), by and through his 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 Crown Ring's First Amended Preliminary Invalidity Contentions, which are submitted herewith for the Court's review. A similar reciprocal stipulation seeking to permit entry of West's Amended Infringement Contentions was already filed with the Court Stip. to Permit Entry of Amended Contentions - C 07-1812-JF (HRL) -1-

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TROJAN LAW OFFICES

on October 28, 2008 by West and entered by this Court on November 4, 2008. 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 from the content of evidence which has been made of record through production of documents or fact witness depositions. Accordingly, West and Crown request that the Court issue an Order, for good cause shown, permitting entry of Crown Ring's First Amended Preliminary Invalidity Contentions, which have been submitted herewith for the Court's review. West's counsel has reviewed these contentions and confirms that Crown Ring's amendments conform to the scope of the parties' above articulated agreement. West's similar reciprocal First Amended Infringement Contentions were already filed with the Court on October 28, 2008. KING & KELLEHER By: /s/Alvin B. Lindsay__ Alvin B. Lindsay Attorneys for Plaintiff Trent West Date: November 13, 2008 Stip. to Permit Entry of Amended Contentions - C 07-1812-JF (HRL) TROJAN LAW OFFICES By: /s/R. Joseph Trojan _____ R. Joseph Trojan Attorneys for Defendant Crown Ring, Inc. Date: November 13, 2008 -2-

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BEVERLY HILLS

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

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

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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. to Permit Entry of Amended Contentions - C 07-1812-JF (HRL) -3-