Lenovo (Singapore) PTE, Ltd. v. Shuttle, Inc. et al

Filing 82

STIPULATION AND ORDER TO ENLARGE TIME TO FILE THE PARTIES' PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT (approving 81 ). Signed by Judge Jeremy Fogel on 11/23/2010. (jflc2, COURT STAFF) (Filed on 11/23/2010)

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

AKIN GUMP STRAUSS HAUER & FELD LLP REGINALD D. STEER (SBN 056342) AMIT KURLEKAR (SBN 244230) 580 California Street, 15th Floor San Francisco, California 94104-1036 Telephone: [phone] Facsimile: 415-765-9501 Email: [e-mail] Email: [e-mail] FRED I. WILLIAMS (Pro Hac Vice) 300 West Sixth Street, Suite 2100 Austin, Texas 78701 Telephone: [phone] Facsimile: 512-499-6290 Email: [e-mail] ERIC J. KLEIN (Pro Hac Vice) 1700 Pacific Ave., 41st Floor Dallas, Texas 75201 Telephone: [phone] Facsimile: 214-969-4343 Email: [e-mail] Attorneys for Plaintiff LENOVO (SINGAPORE) PTE. LTD. SIDLEY AUSTIN LLP ROBERT B. MORRILL (SBN 035488) PETER H. KANG (SBN 158101) PHILIP W. WOO (SBN 196459) KEVIN P. BURKE (SBN 241972) 555 California Street, Suite 2000 San Francisco, California 94104 Telephone: [phone] Facsimile: 415-772-7400 Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendants and Counterclaimants SHUTTLE, INC. and SHUTTLE COMPUTER GROUP, INC.

**E-Filed 11/23/2010**

JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME 5:08-CV-3454-JF (PVT) 1

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 v.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LENOVO (SINGAPORE) PTE. LTD., Plaintiff, Case No. 5:08-cv-03454-JF(PVT) JOINT STIPULATION AND ------------------[PROPOSED] ORDER TO ENLARGE TIME TO FILE THE PARTIES' PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT (CIVIL L.R. 6-2) Hon. Judge Jeremy Fogel U.S. District Court Judge

SHUTTLE, INC. and SHUTTLE COMPUTER GROUP, INC., Defendants.

Pursuant to Civil L.R. 6-2, Plaintiff Lenovo (Singapore) Pte. Ltd. ("Plaintiff"), and Defendants Shuttle Inc. and Shuttle Computer Group Inc. (together "Defendants"), submit the following Joint Stipulation and [Proposed] Order to Enlarge Time to File the Parties' Patent L.R. 4-3 Joint Claim Construction and Prehearing Statement, and hereby request, that the current deadline of November 23, 2010 be extended by one day to November 24, 2010, and would show the Court as follows: 1. The parties are currently in settlement discussions and have agreed to file the Patent L.

R. 4-3 Joint Claim Construction and Prehearing Statement on November 24, 2010. 2. On July 17, 2008, Plaintiff filed the Complaint. On the same day, the Court set a Case

Management Conference ("CMC") for Oct. 27, 2008. 3. On Aug. 18. 2008, this case was reassigned to Judge Fogel. The CMC scheduled for

Oct. 27, 2008 was vacated. 4. On Sept. 26, 2008, the Parties filed a Stipulation and Proposed Order enlarging

Defendants' time to reply to Plaintiff's Complaint to Dec. 1, 2008. Judge Fogel granted this request on Oct. 6, 2008.
JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME 5:08-CV-3454-JF (PVT) 2

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

5.

On Sep. 30, 2008, before the extension was granted by Judge Fogel, the Court noticed

the CMC for Oct. 31, 2008. 6. On Oct. 21, 2008, the Parties field a Stipulation and Proposed Order to Extend CMC

and ADR Deadlines. Judge Fogel granted this request on Oct. 22, 2008, setting the CMC for Dec. 5, 2008. 7. On Nov. 14, 2008, the Parties filed a Second Stipulation and Proposed Order to Extend

the CMC and ADR Deadlines. Judge Fogel granted this request on Nov. 17, 2008, setting the CMC for Dec. 19, 2008. 8. On Dec. 19, 2008, the Court set a further CMC for Mar. 20, 2009. On Mar. 13, 2009,

the Court continued the CMC to Mar. 23, 2009. 9. On Mar. 20, 2009, the Parties filed a Stipulation to Stay Pending Reexamination of the

Patents-In-Suit. Judge Fogel granted this request on Mar. 23, 2009 CMC, setting a Status Conference for Sep. 25, 2009. The Order granting the Stay was filed on Mar. 24, 2009. 10. 26, 2010. 11. 12. On Mar. 26, 2010, Judge Fogel set a Status Conference for May 7, 2010. On Apr. 30, 2010, the Parties filed a Joint Case Management Statement setting forth a On Sep. 25, 2009, Judge Fogel continued the Stay, setting a Status Conference for Mar.

proposed case schedule. 13. On May 7, 2010, Judge Fogel lifted the Stay and adopted the proposed case schedule

filed by the Parties on Apr. 30, 2010. 14. On Jun. 24, 2010, Plaintiff Lenovo, filed an Unopposed Motion for Extension of Time

requesting that the deadlines adopted by the Court in its May 7, 2010 Order be extended by seven days.

JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME 5:08-CV-3454-JF (PVT) 3

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

Judge Fogel granted this request on July 27, 2010, setting the Claim Construction Hearing for Feb. 22, 2010. 15. On Aug. 12, 2010, Defendant Shuttle, filed a Motion to Enlarge Time and To Modify

the Case Schedule. Judge Fogel granted this request on Aug. 18, 2010, and Ordered the Parties to submit a Proposed Stipulated Case Management Order with a revised case schedule by Aug. 31, 2010. 16. On Aug. 31, 2010, the Parties filed a Joint Proposed Stipulated Case Management

Order. Judge Fogel granted the Joint Stipulated Case Management Order on Sep. 2, 2010. 17. On Nov. 19, 2010, the Parties filed a Joint Stipulation and Proposed Order to Continue

the Hearing date on Defendant Shuttle's Motion to Strike Plaintiff Lenovo's Infringement Contentions. Magistrate Judge Patricia Trumbull, granted this request, setting the hearing Joint Stipulation for Dec. 14, 2010. 18. The relief requested herein is an extension of time by only one day therefore, the

requested time modification would have no effect on the current case schedule. FOR THE ABOVE REASONS, the parties respectfully request the Court to enter an order enlarging the time from November 23, 2010 to November 24, 2010, for the parties to file their Joint Claim Construction and Prehearing Statement pursuant to Patent L.R. 4-3.

JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME 5:08-CV-3454-JF (PVT) 4

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 Dated: November 23, 2010 Dated: November 23, 2010

Respectfully submitted, AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Fred I. Williams______________________ Attorneys for Plaintiff LENOVO (SINGAPORE) PTE. LTD. SIDLEY AUSTIN LLP By: /s/ Robert B. Morrill_____________________ Attorneys for Defendants SHUTTLE, SHUTTLE COMPUTER GROUP, INC. INC. and

JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME 5:08-CV-3454-JF (PVT) 5

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 23 Dated: November ___, 2010.

------------------ ORDER [PROPOSED] The Parties' Joint Stipulation and [Proposed] Order to Enlarge Time to File the Parties' Patent L. R. 4-3 Joint Claim Construction and Prehearing Statement is hereby granted. PURSUANT TO STIPULATION, IT IS SO ORDERED.

________________________________________ HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE

JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME 5:08-CV-3454-JF (PVT) 6