Fortinet, Inc v. Palo Alto Networks, Inc. et al

Filing 50

STIPULATION AND ORDER 49 of Continuance of Hearing Date on Plaintiff's Motion for Summary Judgment. Signed by Judge Ronald M. Whyte on 2/12/10. (jg, COURT STAFF) (Filed on 2/12/2010)

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MICHAEL A. LADRA (St. Bar No. 64037) Email: [e-mail] JAMES C. YOON (St. Bar No. 177155) Email: [e-mail] STEFANI E. SHANBERG (St. Bar No. 206717) Email: [e-mail] ROBIN L. BREWER (St. Bar No. 253686) Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counterclaim Defendant FORTINET, INC.

RAGESH K. TANGRI (St. Bar No. 159497) Email: [e-mail] DARALYN J. DURIE (St. Bar No. 169825) Email: [e-mail] RYAN M. KENT (St. Bar No. 220441) Email: [e-mail] DURIE TANGRI LLP 217 Leidesdorff Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] *E-FILED - 2/12/10* Attorneys for Defendants and Counterclaim Plaintiffs PALO ALTO NETWORKS, INC. AND PATRICK BROGAN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FORTINET, INC., Plaintiff, v. PALO ALTO NETWORKS, INC., and PATRICK R. BROGAN, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 09-CV-00036-RMW STIPULATED NOTICE OF CONTINUANCE OF HEARING DATE ON FORTINET'S SUMMARY JUDGMENT MOTION [CURRENTLY NOTICED FOR MARCH 5, 2010] AND ORDER

AND RELATED COUNTERCLAIMS.

WHEREAS Plaintiff and Counterclaim Defendant Fortinet, Inc. ("Fortinet") and Defendant and Counterclaim Plaintiff Palo Alto Networks, Inc. ("Palo Alto Networks") have agreed to a continuance pursuant to Local Rule 7-7 of the hearing date for Fortinet's motion for summary judgment of noninfringement; WHEREAS no opposition has been filed; WHEREAS Palo Alto Networks believes Fortinet's motion is properly heard after the parties have briefed claim construction issues in this matter;
STIPULATION AND [] ORDER CONTINUING SUMMARY JUDGMENT HEARING CASE NO: 09-CV-00036-RMW

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WHEREAS the parties have agreed upon a schedule for claim construction and summary judgment briefing in this matter, and the parties will propose the same to the Court in the form of a Joint Subsequent Case Management Conference Statement in advance of the Subsequent Case Management Conference scheduled before this Court on March 5, 2010; and WHEREAS the parties have agreed that if there are multiple summary judgment motions to be heard on the date upon which Fortinet's motion ultimately comes before the Court, Fortinet's motion filed on January 18, 2010 and refiled on January 26, 2010, shall be the first summary judgment motion heard by the Court to the extent that such ordering is acceptable to the Court. IT IS HEREBY STIPULATED by and between the parties, through their respective counsel undersigned, that: The hearing on Fortinet's motion for summary judgment of noninfringement shall be continued to the date of the claim construction hearing set by the Court in this matter, or such other date as the Court prefers following claim construction briefing in this matter.

Dated: February 11, 2010

WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Stefani E. Shanberg Stefani E. Shanberg

Attorneys for Plaintiff and Counterclaim Defendant FORTINET, INC. Dated: February 11, 2010 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Ryan M. Kent Ryan M. Kent

Attorneys for Defendants and Counterclaim Plaintiffs PALO ALTO NETWORKS, INC. AND PATRICK BROGAN PURSUANT TO STIPULATION, IT IS SO ORDERED. 2/12/10 DATED: ______________________ ____________________________ The Honorable Ronald M. Whyte -23891075_1

STIPULATION AND [] ORDER CONTINUING SUMMARY JUDGMENT HEARING CASE NO: 09-CV-00036-RMW

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ATTESTATION CLAUSE I, Stefani E. Shanberg, am the ECF User whose identification and password are being used to file this Stipulation. In compliance with General Order 45.X.B., I hereby attest that Ryan M. Kent of Durie Tangri LLP has concurred in this filling

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By:

/s/ Stefani E. Shanberg Stefani E. Shanberg

Attorneys for Plaintiff and Counterclaim Defendant FORTINET, INC.

STIPULATION AND [] ORDER CONTINUING SUMMARY JUDGMENT HEARING CASE NO: 09-CV-00036-RMW

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