Abaxis, Inc. v. Cepheid

Filing 31

STIPULATION AND ORDER re 29 Modifying Case Schedule. Signed by Judge Koh on 12/17/2010. (lhklc3, COURT STAFF) (Filed on 12/17/2010)

Abaxis, Inc. v. Cepheid

Doc. 31

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28 ABAXIS, INC.,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION)
Civil Case No. 10-2840 LHK (HRL)

Plaintiff and Counter-Defendant, v. CEPHEID, Defendant and Counter-Claimant. STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE

Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff-Counterdefendant Abaxis Inc. ("Abaxis") and Defendant-Counterclaimant Cepheid ("Cepheid") respectfully submit the following stipulation and proposed order extending the deadlines for the events set forth below concerning invalidity disclosures and claim construction. The following amendment to the current scheduling order (Dkt Nos. 18, 20) is proposed in light of Cepheid's recent retaining of Fish & Richardson PC as lead counsel in the above-captioned matter and will not affect the dates for claim construction briefing or the hearing. 1. The time for disclosure of invalidity contentions and producing accompanying

documents pursuant to Patent Local Rule ("Pat. L.R.") 3.3-3.4 shall be extended from January 12, 2011 to January 26, 2011. 2. The time for exchanging proposed terms and claim elements for construction

pursuant to Pat. L.R. 4.1(a)-(b) shall be extended from January 26, 2011 to February 9, 2011. 3. The time for amending the pleadings shall be extended from January 19, 2011 to

February 2, 2011. 4. The time to meet and confer to discuss a list of proposed terms and claim elements

for construction shall be extended from February 2, 2011 to February 16, 2011.
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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE Civil Case No. 10-2840 LHK (HRL)

Dockets.Justia.com

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5.

The time to simultaneously exchange preliminary claim constructions and

preliminary identifications of extrinsic evidence pursuant to Pat. L.R. 4.2(a)-(b) shall be extended from February 16 to March 2, 2011. 6. The time to meet and confer to discuss preliminary claim constructions and

extrinsic evidence shall be extended from February 28, 2011 to March 14, 2011. 7. The time to simultaneously exchange responsive claim constructions shall be

extended from March 4, 2011 to March 18, 2011. 8. The time to file a Joint Claim Construction and Prehearing Statement pursuant to

Pat. L.R. 4.3 shall be extended from March 11, 2011 to March 25, 2011. 9. The time to complete claim construction related discovery pursuant to Pat. L.R. 4.4

shall be extended from April 1, 2011 to April 8, 2011. All other dates shall be unaffected. The previous time modifications in this case include the Stipulation and Order Extending (1) Cepheid's Time to File Its Answer and Amended Counterclaims to Amended Complaint, and (2) Abaxis' Time to File Its Response to Counterclaims (Dkt No. 28). The new [proposed] case schedule, including the dates proposed herein and those previously set by Court Order (Dkt. Nos. 20, 28), is as follows:
Event Disclosure of Asserted Claims and Infringement Contentions and accompanying document production [Pat. L.R. 3.1-3.2] Deadline for Cepheid to file its Answer and Amended Counterclaims to Abaxis's Amended Complaint Deadline for Abaxis to file its response to Cepheid's Amended Counterclaims Invalidity Contentions and accompanying document production [Pat. L.R. 3.3-3.4] Deadline to Amend Pleadings Exchange of Proposed Terms and Claim Elements for Construction [Pat. L.R. 4.1.a-b.] The parties meet and confer to discuss list of proposed terms and claim elements for construction Further Case Management Conference [per Court Order (Dkt. No. 20)] Simultaneous Exchange of Preliminary Claim Constructions and Preliminary Identifications of Extrinsic 2 Dates November 17, 2010 December 17, 2010 January 14, 2011 January 26, 2011 February 2, 2011 February 9, 2011 February 16, 2011 March 2, 2011, at 2:00 P.M. March 2, 2011
STIPULATION AND PROPOSED ORDER MODIFYING CASE SCHEDULE Civil Case No. 10-2840 LHK (HRL)

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Event Evidence [Pat. L.R. 4.2.a-b.] The parties meet and confer to discuss preliminary claim constructions and extrinsic evidence Simultaneous Exchange of Responsive Claim Constructions Filing of Joint Claim Construction and Prehearing Statement [Pat. L.R. 4.3] Completion of Claim Construction Discovery [Pat. L.R. 4.4] Opening Claim Construction Brief [Pat. L.R. 4.5.a.] Responsive Claim Construction Brief [Pat. L.R.4.5.b] Reply Claim Construction Brief [Pat. L.R. 4.5.c] Tutorial [per Court Order (Dkt. No. 20)] Claim Construction Hearing [per Court Order (Dkt. No. 20)] Deadline for the parties to attend ADR session [per Court Order (Dkt. No. 20)] Disclosure of Advice of Counsel [Pat. L.R. 3.7] Close of Fact Discovery Exchange of Initial Expert Reports for which party bears burden Exchange of Rebuttal Expert Reports Close of Expert Discovery Deadline to File Dispositive Motions and any motion to limit or exclude Expert Testimony Suggested Date of Pretrial Conference

Dates March 14, 2011 March 18, 2011 March 25, 2011 April 8, 2010 April 22, 2011 May 13, 2011 May 27, 2011 June 15, 2011 at 2:00 P.M. June 21, 2011 at 1:30 P.M September 1, 2011 Feb. 2, 2012 or +7 days from claims construction ruling, whichever is later. Mar. 23, 2012 or +60 days from claims construction ruling, whichever is later. April 13, 2012 or +81 days from claim construction ruling, whichever is later. May 25, 2012 or +42 days from initial expert reports, whichever is later. Jun. 27, 2012 or +30 days from rebuttal reports, whichever is later. Jul. 27, 2012 or +30 days from close of expert discovery, whichever is later. TBD

IT IS SO STIPULATED. Dated:__12/15/2010______________ COOLEY LLP /s/Adam M. Pivovar Ricardo Rodriguez (Bar No. 173003) Adam M. Pivovar (Bar No. 246507) Attorneys for Plaintiff and Counterdefendant ABAXIS INC.
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Dated:__12/15/2010______________ FISH & RICHARDSON PC /s/ Steven Carlson Steven Carlson (Bar No. 206451) Limin Zheng (Bar No. 226875) Attorneys for Defendant and Counterclaimant CEPHEID
STIPULATION AND PROPOSED ORDER MODIFYING CASE SCHEDULE Civil Case No. 10-2840 LHK (HRL)

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[PROPOSED] ORDER Pursuant to the stipulation of the parties and good cause appearing therefore; PURSUANT TO STIPULATION, IT IS SO ORDERED. December 17 Dated: _________ , 2010 ______________________ Lucy H. Koh United States District Judge

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STIPULATION AND PROPOSED ORDER MODIFYING CASE SCHEDULE Civil Case No. 10-2840 LHK (HRL)