Aerielle Technologies Inc v. Belkin International Inc et al

Filing 143

ORDER re 142 Stipulation Allowing Plaintiff to Amend Its Complaint and Infringement Contentions and Allowing Defendants to Amend Their Affirmative Defenses and Invalidity Contentions. Signed by Judge Koh on 10/11/11. (lhklc3, COURT STAFF) (Filed on 10/11/2011)

Case5:10-cv-01301-LHK Document142

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MARK FOWLER (Bar No. 124235)
[e-mail]
BRENT YAMASHITA (Bar No. 206890)
[e-mail]
CHRISTINE CORBETT (Bar No. 209128)
[e-mail]
CARRIE WILLIAMSON (Bar No. 230873)
[e-mail]
CHANG KIM (Bar No. 273393)
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2215
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff

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Filed10/10/11 Page1 of 4

ROBERT W. DICKERSON (State Bar No. 89367)
[e-mail]
YASSER EL-GAMAL (State Bar. No. 189047)
[e-mail]
DAVID A. RANDALL (State Bar. No. 156722)
[e-mail]
DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
Los Angeles, California 90067-3109
Telephone: [phone]
Facsimile: [phone]
JEFFREY A. MILLER (State Bar No. 160602)
[e-mail]
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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AERIELLE TECHNOLOGIES, INC.,
Plaintiff,

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CASE NO. C 10-01301 LHK (HRL)

v.
BELKIN INTERNATIONAL, INC.; BEST BUY
CO., INC.; BESTBUY.COM, LLC; BEST BUY
STORES, L.P.; and RADIOSHACK
CORPORATION,

STIPULATION AND [PROPOSED]
ORDER ALLOWING PLAINTIFF TO
AMEND ITS COMPLAINT AND
INFRINGEMENT CONTENTIONS
AND ALLOWING DEFENDANTS TO
AMEND THEIR AFFIRMATIVE
DEFENSES AND INVALIDITY
CONTENTIONS

Defendants.

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WHEREAS, Plaintiff filed its Second Amended Complaint for Patent Infringement on July
29, 2011 (DN121);
WHEREAS, Defendants filed their Answers and Counterclaims Re: Plaintiff’s Second
Amended Complaint for Patent Infringement on August 15, 2011 (DN127-129);

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DICKSTEIN
SHAPIRO LLP

-1STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFF TO AMEND ITS COMPLAINT AND
INFRINGEMENT CONTENTIONS AND ALLOWING DEFENDANTS TO AMEND THEIR AFFIRMATIVE DEFENSES
AND INVALIDITY CONTENTIONS
DOCSLA-81146v2

Case5:10-cv-01301-LHK Document142

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WHEREAS, Plaintiff served its Patent Local Rule 3-1 Disclosure of Asserted Claims and
Infringement Contentions on December 17, 2010.

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Filed10/10/11 Page2 of 4

WHEREAS, Defendants served their Patent L.R. 3-3 Disclosure of Invalidity Contentions
and Documents Production Under Patent L.R. 3-4 on February 3, 2011.

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WHEREAS, the parties during the September 21, 2011 Status Conference represented to

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the Court that in view of the recently rendered Claim Construction Order and newly discovered

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information they had agreed to simultaneously exchange supplemental/amended infringement and

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invalidity contentions and amended pleadings regarding additional claims and defenses no later

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than Friday September 23, 2011 and meet and confer on those contentions early the following

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week;
WHEREAS, on or about Friday September 23, 2011 the parties exchanged their proposed
amended pleadings, infringement contentions, and invalidity contentions;
WHEREAS, on Monday September 26, 2011, the parties met and conferred on their

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respective proposed amended pleadings and contentions and agreed to stipulate to each others

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amendments, subject to the Court’s approval;

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WHEREAS, the parties believe that good cause exists under the governing local and

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federal rules to permit these amendment pleadings and contentions and do not anticipate that this

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stipulation will affect any other dates that have been set by this Court;

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WHEREAS, the parties hereby stipulate and agree, by and through their attorneys of

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record, to allow the September 23, 2011 exchanged amendments to their pleadings, infringement

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contentions, and invalidity contentions.

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NOW THEREFORE, having shown good cause, the parties respectfully request the entry
of an Order permitting:
(1) Plaintiff Aerielle Technologies, Inc. to amend its complaint to add claims of willful

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infringement against Belkin and Best Buy defendants as to U.S. Patent No. 6,671,494 and to add a

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claim of willful infringement against Belkin as to U.S. Patent No. 5,771,441; Plaintiff reserves its

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DICKSTEIN
SHAPIRO LLP

-2STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFF TO AMEND ITS COMPLAINT AND
INFRINGEMENT CONTENTIONS AND ALLOWING DEFENDANTS TO AMEND THEIR AFFIRMATIVE DEFENSES
AND INVALIDITY CONTENTIONS
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Filed10/10/11 Page3 of 4

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rights to assert willful infringement as to U.S. Patent No. 5,771,441 as to Best Buy and

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RadioShack as discovery is ongoing;

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(2) Plaintiff Aerielle Technologies, Inc. to serve its September 23, 2011 exchanged

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infringement contentions within 2 calendar days of this Order (and will include the willful

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allegation against Belkin regarding the ’441 patent);

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(3) Defendant Best Buy to amend their answers to add affirmative defenses of equitable

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estoppel and Defendants reserve their rights in all other respects including with respect to lack of

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standing, substitution of plaintiff, and any right, claim or defense relating to the issue of the

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transfer of ownership of the patents-in-suit; and

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(4) Defendants to serve their September 23, 2011 exchanged invalidity contentions within
2 calendar days of this Order.
Plaintiff is to file its amended complaint within 5 calendar days of this Order. Defendants
to file their amended answers and counterclaims within 15 calendar days of this Order.
By entering into this stipulation the parties do not waive and expressly reserve any other
rights, claims or defenses.

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DATED: October 10, 2011

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DICKSTEIN SHAPIRO LLP

By: /s/ Robert W. Dickerson
Robert W. Dickerson
Attorneys for Defendants

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DATED: October 10, 2011

DLA PIPER LLP

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By: /s/ Christine Corbett
Christine Corbett
Attorneys for Plaintiff

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DICKSTEIN
SHAPIRO LLP

-3STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFF TO AMEND ITS COMPLAINT AND
INFRINGEMENT CONTENTIONS AND ALLOWING DEFENDANTS TO AMEND THEIR AFFIRMATIVE DEFENSES
AND INVALIDITY CONTENTIONS
DOCSLA-81146v2

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Filed10/10/11 Page4 of 4

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 11, 2011
DATED: __________________, 2011

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LUCY H. KOH
United States District Court Judge

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DICKSTEIN
SHAPIRO LLP

-4STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFF TO AMEND ITS COMPLAINT AND
INFRINGEMENT CONTENTIONS AND ALLOWING DEFENDANTS TO AMEND THEIR AFFIRMATIVE DEFENSES
AND INVALIDITY CONTENTIONS
DOCSLA-81146v2