Mformation Technologies, Inc. v. Research in Motion Limited et al

Filing 487

STIPULATION AND ORDER re 485 Stipulation, filed by Research In Motion Corporation, Research in Motion Limited. Signed by Judge James Ware on 5/2/11. (sis, COURT STAFF) (Filed on 5/2/2011)

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Linda S. DeBruin
(Admitted to this Court on September 27,1991)
Aaron D. Charfoos (pro hac vice)
Meredith Zinanni (pro hac vice)
Maria A. Maras (pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Marc H. Cohen (CA Bar No. 168773)
KIRKLAND & ELLIS LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Defendants and Counterclaim Plaintiffs
RESEARCH IN MOTION LIMITED and
RESEARCH IN MOTION CORPORATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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MFORMATION TECHNOLOGIES, INC., a
Delaware corporation,

Jury Trial Demanded

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Plaintiff and Counterclaim Defendant,

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v.

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RESEARCH IN MOTION LIMITED, a
Canadian corporation

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AND

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Case No. 5:08-CV-04990-JW

STIPULATION AND PROPOSED ORDER
PURSUANT TO CIVIL LOCAL
RULES 6-2 AND 7-12 REGARDING
TIMING FOR INEQUITABLE CONDUCT
EXPERT SUPPLEMENTAL REPORTS
AND CERTAIN DEPOSITIONS

RESEARCH IN MOTION CORPORATION,
a Delaware corporation,
Defendants and Counterclaim Plaintiffs.

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Timing For Inequitable Conduct
Expert Supplemental Reports And Certain
Depositions

Case No. 5:08-CV-04990-JW

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Plaintiff and Counterclaim Defendant Mformation Technologies, Inc. (“Mformation”) and

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Defendants and Counterclaim Plaintiffs Research In Motion Ltd. and Research In Motion Corp.

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(collectively, “RIM”) wish to avoid any dispute regarding the deadline for serving supplemental

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expert reports regarding RIM’s inequitable conduct claim added in its Amended Answer to

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Mformation’s Third Amended Complaint, filed April 8, 2011, and the timing of completing the

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depositions of inequitable conduct experts.

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conflicts during the discovery period. The scope and necessity for the continued depositions of

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Rakesh Kushwaha in his individual and 30(b)(6) capacities is contingent on the Court’s ruling on

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RIM’s pending motion to strike, which was heard on April 26. Mformation and RIM hereby agree:

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1.

RIM served its supplemental Federal Rule of Civil Procedure 26(a)(2)(B) disclosure

regarding inequitable conduct on April 27, 2011.

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Mformation’s damages expert also has scheduling

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Mformation shall serve its supplemental rebuttal Federal Rule of Civil Procedure

26(a)(2)(B) disclosure regarding inequitable conduct on May 14, 2011.

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3.

The deposition of RIM’s expert on inequitable conduct will take place on May 17,

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4.

The deposition of Mformation’s expert on inequitable conduct will take place on May

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19, 2011.

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5.

The deposition of Mformation’s expert on damages will take place on May 18, 2011.

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6.

The deposition of RIM’s expert on damages will take place on May 19, 2011.

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7.

The parties will work together to schedule the continued depositions of Rakesh

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2011.

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Kushwaha in his individual and 30(b)(6) capacities, if necessary, after the Court’s ruling on RIM’s

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pending Motion to Strike Improper Errata Sheet, Preclude Reliance on Newly Produced Source

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Code, and for Discovery Sanctions, D.E. 389. The continued depositions of Rakesh Kushwaha in

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his individual and 30(b)(6) capacities may occur after the close of discovery, and the parties

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anticipate such continued depositions will be completed in one day on or before May 31, 2011.

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Pursuant to L.R. 6-2(a), the Declaration of Meredith Zinanni in Support of the Stipulation

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Regarding Timing for Inequitable Conduct Expert Supplemental Reports and Depositions is filed

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Timing For Inequitable Conduct
Expert Supplemental Reports And Certain
Depositions

Case No. 5:08-CV-04990-JW

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herewith.

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DATED: April 29, 2011

FOLEY & LARDNER LLP

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By:
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/s/ Amar L. Thakur
Amar L. Thakur
Shawn E. McDonald
Gina A. Bibby
Justin E. Gray

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Attorneys for Mformation Technologies, Inc.
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DATED: April 29, 2011

KIRKLAND & ELLIS LLP

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By:
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/s/ Meredith Zinanni
Linda S. DeBruin
Mark H. Cohen (CA Bar No. 168773)
Aaron D. Charfoos
Meredith Zinanni
Maria A. Maras

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Attorneys for Research In Motion Limited and
Research In Motion Corporation

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Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Meredith
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Zinanni hereby attests that concurrence in the filing of this document has been obtained.
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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Timing For Inequitable Conduct
Expert Supplemental Reports And Certain
Depositions

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Case No. 5:08-CV-04990-JW

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Date:

May 2

, 2011
James Ware
United States District Judge

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Timing For Inequitable Conduct
Expert Supplemental Reports And Certain
Depositions

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Case No. 5:08-CV-04990-JW

CERTIFICATE OF SERVICE

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I hereby certify on this 29th day of April, 2011 that a copy of the foregoing was filed

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electronically through the Court’s CM/ECF system, with notice of case activity automatically

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generated and sent electronically to all parties.

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DATED: April 29, 2011

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KIRKLAND & ELLIS LLP
Respectfully submitted,
/s/ John Kanive
John Kanive
Intellectual Property Legal Assistant

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Linda S. DeBruin
(Admitted to this Court on September 27, 1991)
Aaron D. Charfoos (pro hac vice)
Meredith Zinanni (pro hac vice)
Maria A. Maras (pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Marc H. Cohen (CA Bar No. 168773)
KIRKLAND & ELLIS LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Defendants and Counterclaim Plaintiffs
Research In Motion Limited and Research In Motion
Corporation

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Stipulation and Proposed Order Pursuant to Civ. L.R.
7-12 Regarding Timing For Inequitable Conduct
Expert Supplemental Reports And Certain
Depositions

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Case No. 5:08-CV-04990-JW