C&C Jewelry Mfg Inc v. Trent West

Filing 93

STIPULATION AND ORDER TO ALLOW DEFENDANT TRENT WEST TO SERVE AMENDED DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS ON PLAINTIFF C&C JEWELRY MFG. re 88 . Signed by Judge Jeremy Fogel on 7/8/10. (dlm, COURT STAFF) (Filed on 7/20/2010)

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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] [e-mail] [e-mail] Attorneys for Defendant TRENT WEST 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. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION C&C JEWELRY MFG., INC., Plaintiff, v. TRENT WEST, Defendant. ___________________________________ And Related Counterclaims Case No. 5:09-cv-01303-JF JOINT STIPULATION TO ALLOW DEFENDANT TRENT WEST TO SERVE AMENDED DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS ON PLAINTIFF C&C JEWELRY MFG., INC. UNDER PATENT L.R. 3-1 AND 3-6

JOINT STIPULATION TO ALLOW WEST TO SERVE AMENDED INFRINGEMENT CONENTIONS ON C&C Case No. 5:09-CV-01303 (JF)

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Defendant Trent West ("West") and Plaintiff C&C Jewelry Mfg., Inc. ("C&C"), by and through their undersigned counsel of record, have agreed and hereby stipulate to allow West to serve C&C with West's Amended Disclosure of Asserted Claims and Infringement Contentions ("Amended Infringement Contentions") under Patent L.R. 3-1 and Patent L.R. 3-6. Counsel for West and C&C have conferred to identify the Accused Instrumentalities under Patent L.R. 3-1(b) which West contends infringe or result from infringement of the asserted claims of West's asserted patents in this matter. West has also had the opportunity to review samples of C&C's accused tungsten carbide jewelry finger rings, and C&C has identified additional tungsten carbide jewelry finger rings, which C&C imports and sells, in its responses and supplemental responses to West's interrogatories. Based upon such information, responses and documents produced by C&C thus far, West has identified several additional accused tungsten carbide rings which he contends infringe or result from infringement of his asserted claims. Such information and documents were not available to West at the time West served his initial infringement contentions. Therefore, the parties' counsel have conferred and C&C has agreed to stipulate to allow West to amend his Infringement Contentions to identify additional Accused Instrumentalities to those West identified in his initial infringement contentions. West does not propose adding or amending at this time the claims or patents West accused C&C of infringing in his initial Infringement Contentions West asserts that good cause exists to permit West to serve his Amended Infringement Contentions on C&C, and the parties agree that the requested amendments will cause no undue prejudice to C&C. West has provided C&C with a copy of his proposed Amended Infringement Contentions, and amended Exhibits A and B in support thereof, and C&C has agreed to this stipulation after reviewing West's proposed Amended Infringement Contentions. Accordingly, West and C&C respectfully request that the Court issue an Order, for good cause shown, permitting West to amend his Infringement Contentions as requested herein and permitting West to serve C&C with West's Amended Infringement Contentions. /// /// -2JOINT STIPULATION TO ALLOW WEST TO SERVE AMENDED INFRINGEMENT CONENTIONS ON C&C Case No. 5:09-CV-01303 (JF)

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Respectfully stipulated to by: KING & KELLEHER, LLP By: /s/ Alvin B. Lindsay Alvin B. Lindsay Attorneys for Defendant Trent West Date: July 6, 2010 STORM LLP By: /s/ John G. Fischer_ John G. Fischer Attorneys for Plaintiff C&C Jewelry Mfg., Inc. Date: July 6, 2010

PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 DATED: July ___, 2010 Hon. Jeremy Fogel United States District Judge

-3JOINT STIPULATION TO ALLOW WEST TO SERVE AMENDED INFRINGEMENT CONENTIONS ON C&C Case No. 5:09-CV-01303 (JF)