Barco NV v. Patriot Scientific Corporation et al

Filing 82

STIPULATION AND ORDER AMENDING SCHEDULING ORDER re 78 . Signed by Judge Jeremy Fogel on 5/17/10. (dlm, COURT STAFF) (Filed on 5/19/2010)

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Daniel J. O'Connor (Pro Hac Vice) Edward K. Runyan (Pro Hac Vice) BAKER & MCKENZIE LLP One Prudential Plaza 130 East Randolph Drive Chicago, IL 60601 Telephone: [phone] [e-mail] [e-mail] Tod L. Gamlen (SBN 83458) BAKER & MCKENZIE LLP 660 Hansen Way Palo Alto, CA 94303-1044 Telephone: [phone] [e-mail] Attorneys for Plaintiff BARCO N.V.

John L. Cooper (SBN 050324) [e-mail] Jeffrey M. Fisher (SBN 155284) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorney for Defendants TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED Charles T. Hoge, Esq. (SBN 110696) [e-mail] Kirby Noonan Lance & Hoge 35 Tenth Avenue San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Attorney for Defendants PATRIOT SCIENTIFIC CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BARCO N.V., a Belgian corporation Plaintiff, v. TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., and ALLIACENSE LTD., Defendants. WHEREAS on February 22, 2010 this Court entered an Order Following Case Management Conference (D.I. 148) establishing a schedule for this action ("Scheduling Order"); WHEREAS on February 26, 2010, the case styled Sirius XM Radio v. Technology Properties Limited et al, Case No. C10-00816 EDL (N.D. Cal.) ("Sirius Action") was transferred to the Northern District of California from the Southern District of New York; 1
[PROPOSED] SCHEDULING ORDER CASE NO. 5:08-CV-05398 JF

Case No. 5:08-CV-05398 JF

-----------------STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER

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WHEREAS the Sirius Action involves all of the patents in this action; WHEREAS the parties in the Sirius Action have filed a joint motion under Civil Local Rule 3-12 to consider Whether Cases Should Be Related and Requesting Modification of Existing Case Schedule ("Motion"), seeking to have the Sirius Action deemed related to this action and assigned to the Honorable Jeremy Fogel for further proceedings; WHEREAS the Motion also seeks entry of a proposed schedule similar to the one adopted in the Scheduling Order, but with the dates adjusted by an average of 3-4 weeks; WHEREAS the parties to this action have met and conferred and have agreed that, in the interests of judicial economy and to conserve judicial and party resources, the Scheduling Order in this action should be modified to match the dates set forth in the schedule proposed for the Sirius Action, as follows:

Event Last day to serve amended disclosure of asserted claims and infringement contentions (and related documents) for United States Patent No. 5,809,336 ("the `336 patent") Last day to serve amended invalidity contentions (and related documents) Last day to exchange list of "Proposed terms and Claim Elements for Construction" for the `336 patent Last day to exchange "Preliminary Claim Constructions and Extrinsic Evidence" for the `336 patent Last day to file joint claim construction and pre-hearing statement Claim construction discovery cut-off Defendants' opening claim construction brief

Scheduling Order Date April 19, 2010

New [Proposed] Date April 30, 2010

June 3, 2010 June 25, 2010

June 30, 2010 July 23, 2010

June 25, 2010

August 30, 2010

July 16, 2010 August 13, 2010 August 27, 2010

September 21, 2010 October 19, 2010 November 2, 2010

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[PROPOSED] SCHEDULING ORDER CASE NO. 5:08-CV-05398 JF

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Event Plaintiffs' responsive claim construction brief Defendants' reply claim construction brief Patent Technology Tutorial*

Scheduling Order Date September 10, 2010 September 17, 2010 *If requested by the Court Approximately 20 days after reply claim construction brief

New [Proposed] Date November 30, 2010 December 14, 2010 *If requested by the Court Approximately 20 days after reply claim construction brief To be determined Three weeks after the claim construction hearing 50 days after the claim construction ruling Six months after the final invalidity contentions 30 days after the close of fact discovery 30 days after the initial expert reports Two weeks after the rebuttal expert reports To be determined

Claim construction hearing Status conference

To be determined Three weeks after the claim construction hearing 50 days after the claim construction ruling Six months after the final invalidity contentions 30 days after the close of fact discovery 30 days after the initial expert reports Two weeks after the rebuttal expert reports To be determined

Defendants to serve willfulness documents; opinion of counsel Close of fact discovery

Initial expert reports Rebuttal expert reports Close of expert discovery

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[PROPOSED] SCHEDULING ORDER CASE NO. 5:08-CV-05398 JF

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THEREFORE, the parties hereby respectfully request that the Court adopt the following schedule for this action::

Event Last day to serve amended disclosure of asserted claims and infringement contentions (and related documents) for United States Patent No. 5,809,336 ("the `336 patent") Last day to serve amended invalidity contentions (and related documents) Last day to exchange list of "Proposed terms and Claim Elements for Construction" for the `336 patent Last day to exchange "Preliminary Claim Constructions and Extrinsic Evidence" for the `336 patent Last day to file joint claim construction and prehearing statement Claim construction discovery cut-off Defendants' opening claim construction brief Plaintiffs' responsive claim construction brief Defendants' reply claim construction brief Patent Technology Tutorial* April 30, 2010

Date

June 30, 2010 July 23, 2010

August 30, 2010

September 21, 2010 October 19, 2010 November 2, 2010 November 30, 2010 December 14, 2010 *If requested by the Court Approximately 20 days after reply claim construction brief

Claim construction hearing Status conference Defendants to serve willfulness documents; opinion of counsel Close of fact discovery 4

To be determined Three weeks after the claim construction hearing 50 days after the claim construction ruling Six months after the final invalidity
[PROPOSED] SCHEDULING ORDER CASE NO. 5:08-CV-05398 JF

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: April 30, 2010 Rebuttal expert reports Initial expert reports

Event contentions

Date

30 days after the close of fact discovery 30 days after the initial expert reports Two weeks after the rebuttal expert reports To be determined

Close of expert discovery Trial

IT IS HEREBY STIPULATED. Dated: April 30, 2010 BAKER & MCKENZIE LLP

By: /s/ Edward Runyan Edward K. Runyan Attorney for Plaintiff Barco NV

FARELLA BRAUN & MARTEL LLP

By: /s/ John Cooper John L. Cooper Attorneys for Defendants TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED

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[PROPOSED] SCHEDULING ORDER CASE NO. 5:08-CV-05398 JF

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Dated: April 30, 2010

KIRBY NOONAN LANCE & HOGE

By: /s/ Charles Hoge Charles T. Hoge Attorneys for Defendants PATRIOT SCIENTIFIC CORPORATION

PURSUANT TO STIPULATION IT IS SO ORDERED:

Dated:

5/17/10

The Honorable Jeremy Fogel United States District Judge

FILER'S ATTESTATION Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that all parties have concurred in the filing of this STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER. DATED: April 30, 2010 BAKER & MCKENZIE, LLP

By:

s/ Edward Runyan Edward K. Runyan

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[PROPOSED] SCHEDULING ORDER CASE NO. 5:08-CV-05398 JF