Yieldboost Technologies, Inc. v. Photon Dynamics, Inc. et al

Filing 78

STIPULATION AND ORDER RE: 76 TO ENLARGE TIME FOR SERVING INVALIDITY CONTENTIONS AND CLAIM CONSTRUCTION DISCLOSURES. Signed by Judge Richard Seeborg on 4/7/10. (cl, COURT STAFF) (Filed on 4/7/2010)

1 DERGOSITS & NOAH LLP Michael E. Dergosits (SBN 118206) 2 Teddy K. Joe (SBN 242589) Three Embarcadero Center, Suite 410 CA 94111 3 San Francisco, [phone] Telephone: Facsimile: [phone] 4 Email: [e-mail] Email: [e-mail] 5 GOLDSTEIN FAUCETT & PREBEG, LLP 6 Matthew J.M. Prebeg (pro hac vice) Edward W. Goldstein(pro hac vice) Holly H. Barnes (pro hac vice) 7 1177 West Loop South, Suite 400 Houston, Texas 77027 8 Telephone: [phone] Facsimile: [phone] [e-mail] 9 Email: Email [e-mail] [e-mail] 10 Email: 11 Attorneys for Plaintiff INC. YIELDBOOST TECH, 12 13 14 15 16 17 YIELDBOOST TECH, INC., 18 19 v. Plaintiff,

QUINN EMANUEL URQUHART & SULLIVAN, LLP Claude M. Stern (SBN 96737) Robert B. Wilson (pro hac vice) Jesse Geraci (SBN 259755) 555 Twin Dolphin Drive, 5th Floor Redwood Shores, CA 94065 Main No.: [phone] Fax No.: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendants PHOTON DYNAMICS, INC. and ORBOTECH, INC.

*E-Filed 4/7/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C 09-03828 RS (PVT) STIPULATION AND [PROPOSED] ORDER PURSUANT TO CIVIL L.R. 6-2 TO ENLARGE TIME FOR SERVING INVALIDITY CONTENTIONS AND CLAIM CONSTRUCTION DISCLOSURES

20 PHOTON DYNAMICS, INC. AND ORBOTECH, INC., 21 Defendants. 22 23 24 25 26 27 28
03740.51469/3421718.1

Case No. C 09-03828-RS (PVT) STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR SERVING INVALIDITY CONTENTIONS AND CLAIM CONSTRUCTION DISCLOSURES

1

WHEREAS, a Case Management Conference was held for this case on January 20, 2010,

2 and the parties filed an Amended Joint Case Management Statement (Dkt. No. 36); 3 WHEREAS, pursuant to the Case Management Scheduling Order (Dkt. No. 37),

4 Defendants, Photon Dynamics, Inc. and Orbotech, Inc., were to serve their invalidity contentions 5 and accompanying documents under Patent L.R. 3-3 and 3-4 on or before April 5, 2010; 6 WHEREAS, on February 19, 2010, the parties filed a Stipulated Request for Order

7 Enlarging Time Pursuant to Civil L.R. 6-2 (Dkt. No. 42), and on February 22, 2010 the Court 8 granted the parties' request (Dkt. No. 43); 9 WHEREAS, pursuant to the Court's Order (Dkt. No. 43), Defendants, Photon Dynamics,

10 Inc. and Orbotech, Inc., are to serve their invalidity contentions and accompanying documents 11 under Patent L.R. 3-3 and 3-4 on or before April 9, 2010; 12 WHEREAS, pursuant to the Case Management Scheduling Order (Dkt. No. 37), the parties

13 are to exchange proposed terms for construction, pursuant to Patent L.R. 4-1, on or before April 14 15, 2010; 15 WHEREAS, pursuant to the Case Management Scheduling Order (Dkt. No. 37), the parties

16 are to exchange preliminary claim constructions and extrinsic evidence, pursuant to Patent L.R. 417 2, on or before May 5, 2010; 18 WHEREAS, on March 17, 2010 Defendants filed a Motion to Extend the Time for Serving

19 Invalidity Contentions and Claim Construction Deadlines Pending a Ruling on Defendants' 20 Motion To Compel Infringement Contentions that Comply with Patent L.R. 3-1 (Dkt. No. 49) 21 (hereinafter "Defendants' Motion to Extend Time"), wherein Defendants requested an extension 22 of the deadlines for invalidity contentions and claim construction disclosures which depends upon 23 the date that Defendants receive adequate infringement contentions; 24 WHEREAS, on March 23, 2010 Plaintiff filed an Opposition to Defendants' Motion to

25 Extend Time (Dkt. No. 60), wherein Plaintiff opposed an extension of the deadlines for invalidity 26 contentions and claim construction disclosures which depends upon receipt of adequate 27 infringement contentions, but did not oppose a fixed extension of 21 days; 28
03740.51469/3421718.1

WHEREAS, the Court has not ruled on Defendants' Motion to Extend Time;
Case No. No. C 09-03828-RS (PVT) -1STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR SERVING INVALIDITY CONTENTIONS AND CLAIM CONSTRUCTION DISCLOSURES

1

WHEREAS, the undersigned counsel, met, conferred and agreed that the dates for service

2 of invalidity contentions and exchange of claim construction disclosures should be extended, 3 pending resolution of Defendants' Motion to Extend Time, by 21 days as follows: 4 5 6 7 8 9 10 11 Event Defendants' Invalidity Contentions (Patent L.R. 3-3 and 3-4) Exchange of Proposed Terms for Construction (Patent L.R. 4-1) Exchange of Preliminary Claim Constructions and Extrinsic Evidence (Patent L.R. 4-2) Old Deadline April 9, 2010 April 15, 2010 May 5, 2010 New Deadline April 30, 2010 May 6, 2010 May 26, 2010

NOW THEREFORE, IT IS STIPULATED, AGREED AND ORDERED that until the

12 Court rules on Defendants' Motion to Extend Time (Dkt. No. 49), the date for serving invalidity 13 contentions shall be extended to April 30, 2010, the date for exchanging proposed terms for 14 construction shall be extended to May 6, 2010, and the date for exchanging preliminary claim 15 constructions and extrinsic evidence shall be extended to May 26, 2010. 16 17 18 19 20 21 22 23 Dated: April 6, 2010 By: Dated: April 6, 2010 By: /s/ Jesse Geraci Jesse Geraci Attorneys for Defendants PHOTON DYNAMICS, INC. and ORBOTECH, INC. /s/ Holly H. Barnes Holly H. Barnes Attorneys for Plaintiff YIELDBOOST TECH, INC.

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under

24 penalty of perjury that concurrence in the filing of this document has been obtained from Holly 25 Barnes. 26 27 28
03740.51469/3421718.1

Dated: April 6, 2010

By:

/s/ Jesse Geraci Jesse Geraci

Case No. No. C 09-03828-RS (PVT) -2STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR SERVING INVALIDITY CONTENTIONS AND CLAIM CONSTRUCTION DISCLOSURES

1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 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
03740.51469/3421718.1

4/7 DATED: _______________, 2010 Hon. Richard Seeborg United States District Judge

Case No. No. C 09-03828-RS (PVT) -3STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME FOR SERVING INVALIDITY CONTENTIONS AND CLAIM CONSTRUCTION DISCLOSURES