Hewlett-Packard Company v. Lexjet Corporation et al

Filing 13

ORDER GRANTING 12 REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge Jeremy Fogel on 9/5/08. (jflc2, COURT STAFF) (Filed on 9/5/2008)

Case 5:08-cv-02596-JF

Document 12

Filed 09/02/2008

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

HEATHER N. MEWES (CSB No. 203690) [e-mail] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant HEWLETT-PACKARD COMPANY

**E-Filed 9/5/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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HEWLETT PACKARD COMPANY Plaintiff, v. LEXJET CORP., ET AL. Defendant.

CASE NO. C 08-02596 JF REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND ------------------- ORDER [PROPOSED] Initial CMC: September 12, 2008

Plaintiff Hewlett Packard Company ("HP") submits this Request for Continuance of the Initial Case Management Conference scheduled for September 12, 2008. HP filed a complaint for patent infringement against Defendants Lexjet Corp. and LexJet Southern California, LLC on May 22, 2008. In its complaint, HP asserts that Defendants infringe two HP patents relating to ink-jet inks. One of these patents, U.S. Patent No. 5,116,409, was the subject of a prior litigation between HP and another defendant in this district. See Case No. 9420647. This prior case proceeded through trial in front of Judge Ware, with a final judgment entered in 2000. In order to facilitate resolution of this matter, HP has not yet formally served the complaint on Defendants (the deadline for service of the complaint is September 19, 2008).
RQT. FOR CONTINUANCE OF INITIAL CMC CASE NO. C 08-02596 JF

Case 5:08-cv-02596-JF

Document 12

Filed 09/02/2008

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

However, the parties have been in active settlement negotiations during this period. Because the complaint has not yet been served and Defendants have not yet appeared, HP requests a continuance of the Initial Case Management Conference scheduled for September 12, 2008, until at least October 24, 2008. If settlement negotiations are unsuccessful, HP will serve the complaint by September 19, 2008. An extension until October 24 would allow Defendants time to respond to the complaint and the parties time to meet and confer pursuant to Rule 26(f). Dated: August 29, 2008 FENWICK & WEST LLP

By:

/s/ Heather N. Mewes

Attorney for Plaintiff HEWLETT PACKARD COMPANY

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RQT. FOR CONTINUANCE OF INITIAL CMC

ORDER Having considered the above Request for Continuance of Case Management Conference and good cause appearing therefore: IT IS SO ORDERED. DATED: 9/5/08

The Hon. Jeremy Fogel United States District Judge

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CASE NO. C 08-02596 JF