C&C Jewelry Mfg Inc v. Trent West

Filing 51

STIPULATION AND ORDER TO AMEND PLAINTIFF C&C JEWELRY MFG., INC.'S PATENT L.R. 3-3 INVALIDITY CONTENTIONS re 50 . Signed by Judge Jeremy Fogel on 2/5/10. (dlm, COURT STAFF) (Filed on 2/11/2010)

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DURIE TANGRI LLP DARALYN J. DURIE (Bar No. 169825) RYAN M. KENT (Bar No. 220441) 217 Leidesdorff Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] STORM LLP John G. Fischer (pro hac vice) Paul V. Storm (pro hac vice) 901 Main Street, Suite 7100 Dallas, Texas 75202 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiff C&C JEWELRY MANUFACTURING, INC. Edward Vincent King, Jr. (SBN 085726) Alvin B. Lindsay (SBN 220236) KING & KELLEHER, LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TRENT WEST UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION C&C JEWELRY MANUFACTURING, INC., a California corporation, Plaintiff and Counter-Defendant, v. TRENT WEST, a Delaware corporation, Defendant and Counter-claimant. Case No. 5:09-cv-01303-JF-HRL STIPULATION TO AMEND PLAINTIFF C&C JEWELRY MFG., INC.'S PATENT L.R. 3-3 INVALIDITY CONTENTIONS

STIPULATION TO AMEND PLAINTIFF C&C'S INVALIDITY CONTENTIONS

CASE NO. 5:09-CV-01303-JF-HRL

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Declaratory Judgment Plaintiff, C&C Jewelry Manufacturing, Inc. ("C&C") and Defendant Trent West ("West"), by and through their undersigned counsel of record, have agreed and stipulated to an amendment of C&C's Patent L.R. 3-3 Invalidity Contentions under Patent L.R. 3-6. C&C recently discovered a prior art reference--U.S. Patent No. 2,126,737--that C&C asserts is material to the patentability of the patents asserted in this case. (By entering into this stipulation, West does not admit to the materiality of the 2,126,737 patent.) The prior art reference was dated from 1935 and therefore was not available in searchable text on the USPTO website. As a result, despite numerous searches, search professionals engaged by C&C were unable to, and did not, find this patent. C&C advised West of its recent discovery of this prior art reference, and by and through this stipulation, West agrees that C&C should be permitted to amend its contentions to add contentions related to this prior art reference. Furthermore, based upon the relatively early stage of this litigation, C&C and West agree that this amendment will cause no undue prejudice to West. Accordingly, C&C and West respectfully request that the Court issue an Order, for good cause shown, permitting C&C to amend its Invalidity Contentions in the manner requested above. Respectfully stipulated to by: DURIE TANGRI LLP By: /s/ Ryan M. Kent Ryan M. Kent KING & KELLEHER, LLP By: /s/ Alvin B. Lindsay Alvin B. Lindsay

Attorneys for Plaintiff C&C Jewelry Mfg., Inc. Date: February 3, 2010

Attorneys for Defendant Trent West Date: February 3, 2010

FILERS ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Ryan M. Kent, attest that concurrence in the filing of this document has been obtained. /s/ Ryan M. Kent Ryan M. Kent

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STIPULATION TO AMEND PLAINTIFF C&C'S INVALIDITY CONTENTIONS CASE NO. 5:09-CV-01303-JF-HRL

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PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: Feb. 5 _____, 2010 Hon. Jeremy Fogel United States District Judge Northen District of California

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STIPULATION TO AMEND PLAINTIFF C&C'S INVALIDITY CONTENTIONS CASE NO. 5:09-CV-01303-JF-HRL

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STIPULATION TO AMEND PLAINTIFF C&C'S INVALIDITY CONTENTIONS CASE NO. 5:09-CV-01303-JF-HRL

CERTIFICATE OF SERVICE I certify that all counsel of record is being served on February 3, 2010 with a copy of this document via the Court's CM/ECF system.

Alvin Brock Lindsay Edward Vincent King, Jr.

[e-mail] [e-mail] By: /s/ Ryan M. Kent Ryan M. Kent

Attorneys for Plaintiff C&C JEWELRY MANUFACTURING, INC.