Aerielle Technologies Inc v. Belkin International Inc et al

Filing 81

STIPULATION AND ORDER Granting 80 Motion to Continue Deadline for Completion of Private Mediation to August 12, 2011. Signed by Judge Koh on 5/10/2011. (lhklc3, COURT STAFF) (Filed on 5/10/2011)

MARK FOWLER (Bar No. 124235)
mark.fowler~dlapiper.com
BRENT YAMASHITA (Bar No. 206890)
brent.yamashita(idlapiper.com
CHRISTINE CORBETT (Bar No. 209128)
christine.corbett(idlapiper .com
CARRE WILLIAMSON (Bar No.
230873)
carie. wiliamson(idlapiper .com
CHANG KIM (Bar No. 273393)
changu.kim(idlapiper.com

ROBERT W. DICKERSON (Bar No. 89367)
dickersonr~dicksteinshapiro.com
YASSER EL-GAMAL (Bar. No. 189047)
elgamaly~dicksteinshapiro.com
DAVID A. RANDALL (Bar. No. 156722)
randal1d~dicksteinshapiro.com
DICKSTEIN SHAPIRO LLP
2049 Centur Park East, Suite 700
Los Angeles, California 90067-3109
Telephone: [phone]
Facsimile: [phone]

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DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2215

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Tel: [phone]
Fax: [phone]

JEFFREY A. MILLER (Bar No. 16062)
milerj ~dicksteinshapiro .com
DICKSTEIN SHAPIRO LLP
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,
Aeriel1e Technologies, Inc.

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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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Hon. Lucy H. Koh

Plaintiff,

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CASE NO. C 10-01301 LHK (HR)

AERIELLE TECHNOLOGIES, INC.,

V.

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

RAIOSHACK CORPORATION,

STIPULATION AND
rPROPOSED10RDER
MODIFYING DEADLINE DATE
FOR PRIVATE MEDIATION
ALTERNATIVE DISPUTE
RESOLUTION

Defendants.

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STIPULATION AND (PROPOSED) ORDER MODIFYING DATE FOR PRIVATE MEDIATION ADR

1 BACKGROUND AND GOOD CAUSE
2 On November 3,2010, the Court held a Case Management Conference and

3 referred the parties to private mediation. See November 3,2010 Case Management
4 Order (dkt. #55). At the Case Management Conference, the Court set a 120 days for
5 the parties to complete private mediation. ¡d.

6 Following the parties' Subsequent Joint Case Management Statement filed

7 March 2,2011, (dkt. #62), and the Case Management Conference held on March 9,
8 201 1, the Court Ordered counsel for the parties to complete their initial efforts at
9 settlement via a teleconference by April 1,2011, and to complete their face-to-face

10 efforts at informal settlement by April 15, 201 1. See March 9, 201 1 Case
11 Management and Minute Order (dkt. #66). The Court also ordered the parties to file

12 their stipulated ADR selection by March 18,2011 with a 90-day deadline. ¡d.
13 Pursuant to the Court's March 9,2011 Case Management Order, on March

14 18, the parties submitted their ADR selection, electing to participate in a private
15 one-day mediation by June 3, 2011. See March 21,2011 Stipulation and Order

16 Selecting ADR Process (dkt. #76). On March 18,2011, the parties also exchanged

17 certain information to facilitate settlement discussions. In addition, the parties,
18 through their counsel, held settlement talks via telephone prior to the April 1, 201 1,

19 deadline and held face-to-face settlement discussions by the April 15,2001,

20 deadline.
21 Following the parties informal settlement efforts, it has become clear that the
22 they remain quite far apart in their respective settlement positions. Given the

23 respective settlement positions of each of the parties, counsel for the parties have
24 concluded that conducting mediation prior to the present June 3, 2011, deadline

25 would be unproductive, and could even be counterproductive, thus needlessly
26 causing the parties to incur significant expense. In this regard, the parties have

27 previously agreed that due to the geographic diversity of their locations, the

28 mediation wil be held in Chicago. Thus, attending the mediation wil involve
-2STIPULATION AND (PROPOSED) ORDER MODIFYING DATE FOR PRIVATE MEDIATION ADR

1 considerable expense and inconvenience for the parties. Therefore, having now

2 engaged in the preliminary settlement discussions, counsel for the parties believe
3 that a mediation at which both counsel and party representatives attend wil have the

4 best chance for success if held after the Markman hearing has been held and

5 Markman rulings have been issued.
6 In this regard, on April 4, 2011, the parties submitted their Joint Claim
7 Construction Statement and Prehearing Statement ("JCCS"), which contains the
8 parties' agreed upon and disputed constructions. See JCCS (dkt. #77). A two-hour

9 technology tutorial and a three hour-claim construction hearing are scheduled for
10 June 27 and June 29, 2011, respectively. See March 9,2011, Case Management and

11 Minute Order (dkt. #66). In the JCCS, the parties identified ten disputed terms, and
12 as is apparent from that document, hold divergent views regarding the appropriate

13 construction for these terms. See JCCS at 1 and Exhibit B (dkt. #77).

14 Given the parties' currently-held respective views on appropriate settlement
which are at this time quite

15 value and appropriate claim constructions, both of

16 disparate, counsel for the parties believe that the issues wil be substantially better

17 framed, and settlement discussions will have a better chance of success, after the
18 Court issues its Claim Construction Order following the claim construction hearing

19 on June 29, 2011.
20 Accordingly, the parties respectfully request that the current June 3, 2011
21 deadline for completion of private mediation be continued and reset for August 12,

22 201 1. A proposed Order to that effect is being currently filed.
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-3STIPULATION AND (PROPOSED) ORDER MODIFYING DATE FOR PRIVATE MEDIATION ADR

1 STIPULATION and PROPOSED ORDER
2 In light of what counsel for the parties believe to be good cause, IT IS

3 HEREBY STIPULATED by and between the parties hereto, by their respective
4 undersigned counsel of

record herein, that the current June 3, 201 1

deadline for the

5 parties to complete a private one-day mediation shall be continued to August 12,

6 2011.
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8 DATED: May 9, 2011

DICKSTEIN SHAIRO LLP

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By:

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Yasser EI -Gamal

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David A. Randall
Jeffrey A. Miler
Attorneys for Defendants

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/s/Robert W. Dickerson

Ro ert W. Dic erson

DATED: May 9, 2011

DLA PIPER LLP (US)

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By:

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Is/Christine Corbett
Mar Fower
Brent Yamashita
Christine Corbett
Carrie Willamson
Kim
Attorneys for Plaintiff
Chang

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PURSUANT TO STIPULATION, AND GOOD CAUSE HAVING BEEN

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SHOWN, IT IS SO ORDERED.

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10, 2011
DATED: May _' 2011

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