Hologic, Inc. et al v. SenoRx, Inc

Filing 249

STIPULATION AND ORDER 243 for Leave to Postpone Hearing on Defendant's Motion for Partial Summary Judgment of Non-Infringement Until After Issuance of Claim Construction Order. Signed by Judge Ronald M. Whyte on 10/14/08. (jg, COURT STAFF) (Filed on 10/14/2008)

1 [COUNSEL LISTED ON SIGNATURE PAGE] 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) JOINT STIPULATED ADMINISTRATIVE MOTION PURSUANT TO CIVIL L.R. 7-11 FOR LEAVE TO POSTPONE HEARING ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT UNTIL AFTER ISSUANCE OF CLAIM CONSTRUCTION ORDER AND [] ORDER GRANTING PARTIES' STIPULATED MOTION Markman Hearing Date: October 15, 2008 Time: To Be Set Room: Courtroom 6, 4th Floor Judge: Hon. Ronald M. Whyte

*E-FILED - 10/14/08*

11 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 12 Plaint iffs, 13 vs. 14 SENORX, INC., 15 Defendant. 16 17 18 19 20 21 AND RELATED COUNTERCLAIMS. 22 23

Plaint iffs Hologic, Inc., Cytyc Corporation, and Hologic L.P. and Defendant SenoRx, Inc.

24 hereby jointly move this Court pursuant to Civil Local Rule 7-11 to postpone the hearing on Defendant 25 SenoRx Inc.'s Motion For Partial Summary Judgment of Non-Infringement (`813 Patent, Claims 11 & 26 12; `204 Patent, Claims 4 & 17; and `142 Patent Claim 6) (Dkt. #131) until after issuance of the claim 27 \\ 28 Stip. & [ Order Granting Leave to Postpone
Hearing on Def.'s MSJ of Non-Infringement Case No. C08 00133 RMW (RS) -1-

1 construction order. The parties believe that a postponed hearing is warranted because construction of 2 claim terms addressed in SenoRx's motion may render moot or allow the parties to agree on some or 3 all of the issues within the motion for summary judgment. 4 For this reason, the parties respectfully request that any hearing on Defendant's Motion for

5 Partial Summary Judgment of Non-Infringement (Dkt. #131) be postponed until after the Court issues 6 a claim construction order in this case.1 7 Respect fully submitted, /s/ Katharine L. Altemus 8 By: Katharine L. Altemus (SBN 227080) 9 E-mail: [e-mail] Henry C. Su (SBN 211202) 10 E-mail: [e-mail] HOWREY LLP 11 1950 University Avenue, 4th Floor East Palo alto, CA 94303-2281 12 Telephone: [phone] Facsimile: [phone] 14 15 16 17 18 19 20 21 22 23 24 This Motion pertains only to SenoRx's Motion For Partial Summary Judgment of Non-Infringement (`813 Patent, Claims 11 & 12; `204 Patent, Claims 4 & 17; and `142 Patent Claim 6) (Dkt. #131). The 26 parties request that SenoRx's Motion for Partial Summary Judgment of Invalidity (`142 Patent, Claims 1 & 8) (Dkt. #133) be heard as scheduled during the claim construction hearing. 27 25 28 Stip. & [] Order Granting Leave to Postpone
Hearing on Def.'s MSJ of Non-Infringement Case No. C08 00133 RMW (RS) -21

By:

/s/ Aaron P. Maurer Aaron P. Maurer E-mail: [e-mail] Bruce R. Genderson E-mail: [e-mail] WILLIAMS & CONNOLLY LLP 725 ­ 12th Street, N.W. Washington, D.C. 20005 Telephone: [phone] Facsimile: [phone] /s/ F.T. Alexandra Mahaney F.T. Alexandra Mahaney (SBN 125984) [e-mail] WILSON SONSINI GOODRICH & ROSATI 12235 El Camino Real, Suite 200 San Diego, CA 92130 Telephone: [phone] Facsimile: [phone]

Matthew M. Wolf E-mail: [e-mail] Marc A. Cohn E-mail: [e-mail] HOWREY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs HOLOGIC, INC., CYTYC CORPORATION AND HOLOGIC L.P. \\

By:

Attorneys for Defendant SENORX, INC.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PURSUANT TO STIPULATION, IT IS SO ORDERED.

14 DATED: October ___, 2008

_____ _______________________ The Honorable Ronald M. Whyte United States District Court Judge

Stip. & [ Order Granting Leave to Postpone Hearing on Def.'s MSJ of Non-Infringement Case No. C08 00133 RMW (RS)

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Case 5:08-cv-00133-RMW

Document 243

Filed 10/02/2008

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Filer's Attestation I, Katharine L. Altemus, am the ECF User whose identification and password are being used to

3 file this Joint Stipulated Administrative Motion Pursuant To Civil L.R. 7-11 For Leave to Postpone 4 Hearing on Defendant's Motion For Partial Summary Judgment of Non-Infringement Until After 5 Issuance of Claim Construction Order And [Proposed] Order Granting Parties' Stipulated Motion. 6 Pursuant to General Order No. 45, § X(B), I attest under penalty of perjury that concurrence in the 7 filing of the document has been obtained from Rachel Rodman. 8 Dated: October 2, 2008 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stip. & [Proposed] Order Granting Leave to Postpone Hearing on Def.'s MSJ of Non-Infringement Case No. C08 00133 RMW (RS) -4-

By:

/s/ Katharine L. Altemus

Case 5:08-cv-00133-RMW

Document 243

Filed 10/02/2008

Page 5 of 5

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CERTIFICATE OF SERVICE

I am employed in the County of San Mateo, State of California. I am over the age of 18 and 3 not a party to the within action. My business address is 1950 University Avenue, 4th Floor, East Palo Alto, California 94303. 4 On October 2, 2008, I served on the interested parties in said action the within: 5 JOINT STIPULATED ADMINISTRATIVE MOTION PURSUANT TO CIVIL L.R. 7-11 FOR 6 LEAVE TO POSTPONE HEARING ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT UNTIL AFTER ISSUANCE OF 7 CLAIM CONSTRUCTION ORDER AND [PROPOSED] ORDER GRANTING PARTIES' STIPULATED MOTION 8 Aaron P. Maurer F.T. Alexandra Mahaney Adam D. Harber 9 Natalie J. Morgan Bruce R. Genderson Wilson Sonsini Goodrich & Rosati Rachel Rodman 10 12235 El Camino Real, Suite 200 Williams & Connolly, LLP 725 ­ 12th Street, N.W. 11 San Diego, California 92130-3002 Washington, D.C. 20005 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Certificate of Service
Case No. C08 00133 RMW (RS) -1-

X

(EMAIL/ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the submission, any electronic message or other indication that the transmission was unsuccessful.

I declare under penalty o f perjury that I am employed in the office of a member of the bar of this Court at whose direction the service was made and that the foregoing is true and correct. Executed on October 2, 2008, at East Palo Alto, California. Sonya Schwab (Type or print name)

(Signature)