Synthes (USA) v. Spinal Kinetics Inc.

Filing 72

STIPULATION AND ORDER 68 to Extend Time for Submission of Responsive and Reply Claim Construction Briefs and Continuance of Tutorial/Claims Construction Hearing: Tutorial/Claims Construction Hearing set for 2/23/2010 9:00 AM. Signed by Judge Ronald M. Whyte on 1/28/10. (jg, COURT STAFF) (Filed on 1/28/2010)

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JEFFREY M. OLSON (State Bar No. 104074) [e-mail] PAUL H. MEIER (State Bar No. 115999) [e-mail] SAMUEL N. TIU (State Bar No. 216291) [e-mail] MATTHEW S. JORGENSON (State Bar No. 229131) [e-mail] SIDLEY AUSTIN LLP 555 W. Fifth Street, Suite 4000 Los Angeles, California 90013 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.)); SYNTHES USA SALES, LLC; and SYNTHES, INC. JAMES W. GERIAK (State Bar No. 32871) [e-mail] ROBERT W. DICKERSON (State Bar No. 89367) [e-mail] ALLAN W. JANSEN (State Bar No. 81992) [e-mail] KURT T. MULVILLE (State Bar No. 149218) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza, Suite 1600 Irvine, CA 92614-2558 Telephone: [phone] *E-FILED - 1/28/10* Facsimile: [phone] Attorneys for Defendant SPINAL KINETICS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.)); SYNTHES USA SALES, LLC; and SYNTHES, INC., Plaintiffs, v. SPINAL KINETICS, INC., Defendant. AND RELATED COUNTERCLAIMS.

Case No. 5:09-CV-01201 RMW STIPULATION TO EXTEND TIME FOR SUBMISSION OF RESPONSIVE AND REPLY CLAIM CONSTRUCTION BRIEFS AND ORDER

OHS West:260805553.1

STIP TO EXTEND TIME FOR SUBMISSION OF RESPONSIVE AND REPLY CLAIM CONSTRUCTION BRIEF (CASE NO. 5:09-CV-01201 RMW)

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Pursuant to this Court's Case Management Order, Plaintiffs submitted their Opening Claim Construction Brief pursuant to Patent Local Rule 4-5(a) on December 24, 2009, In the normal course, Defendant Spinal Kinetics, Inc.'s Responsive Claim Construction Brief, pursuant to Patent Local Rule 4-5(b), would have been due on January 7, 2010. Because of the loss of business days during the holiday period, Spinal Kinetics, Inc. has requested, and Plaintiffs have agreed, that Spinal Kinetics, Inc. may serve and file its Responsive Claim Construction Brief by January 13, 2010. To provide Plaintiffs with sufficient time to prepare their Reply Claim Construction Brief, pursuant to Patent Local Rule 4-5(c), Spinal Kinetics, Inc. has agreed to extend the period of time for submission of the Reply Claim Construction Brief to February 1, 2010. The Claim Construction Hearing, pursuant to Patent Local Rule 4-6, is presently set for February 9, 2010. The parties have contacted this Court's clerk and determined that February 11, 2010 is an available date for the Court to conduct the Claim Construction Hearing. All parties are available on February 11, 2010 for a Claim Construction Hearing. IT IS HEREBY STIPULATED by and between the parties, through their counsel of record, that: 1. The date for Defendant Spinal Kinetics, Inc. to serve and file its

Responsive Claim Construction Brief pursuant to Patent Local Rule 4-5(b) be extended from January 7, 2010 to January 13, 2010; 2. The date for Plaintiffs to serve and file their Reply Claim Construction

Brief pursuant to Patent Local Rule 4-5(c) be extended from January 19, 2010 to February 1, 2010; and The date for the Claim Construction Hearing pursuant to Patent Local Rule * 4-6 is continued from February 9, 2010 to February 23, 2010 at 9:00 a.m. 28 SO ORDERED, this ______ day of January, 2010. *The Court will be unavailable from February 9, 2010 through February 19, 2010. 3.

______________________________________ HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE
-1STIP TO EXTEND TIME FOR SUBMISSION OF RESPONSIVE AND REPLY CLAIM CONSTRUCTION BRIEF (CASE NO. 5:09-CV-01201 RMW (CASE NO. 5:09-CV-01201 RMW)

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Agreed to and submitted by: Dated: January 7, 2010 JEFFREY M. OLSON PAUL H. MEIER SAMUEL N. TIU MATTHEW S. JORGENSON Sidley Austin LLP

/s/ Jeffrey M. Olson JEFFREY M. OLSON Attorneys for Plaintiffs SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.)); SYNTHES USA SALES, LLC; and SYNTHES, INC. Dated: January 7, 2010 JAMES W. GERIAK ROBERT W. DICKERSON ALLAN W. JANSEN KURT T. MULVILLE Orrick, Herrington & Sutcliffe LLP

/s/ Allan W. Jansen ALLAN W. JANSEN Attorneys for Defendant SPINAL KINETICS, INC.

OHS West:260805553.1

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STIP TO EXTEND TIME FOR SUBMISSION OF CLAIM CONSTRUCTION BRIEF (CASE NO. 5:09-CV-01201 RMW)