West v. Quality Gold, Inc.

Filing 43

STIPULATION AND ORDER AMENDING THE CASE SCHEDULE re 41 . Markman hearing set for 6/13/2011 09:00 AM.. Signed by Judge Jeremy Fogel on 4/11/11. (dlm, COURT STAFF) (Filed on 4/12/2011)

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Ian K. Boyd (SBN 191434)
Matthew A. Stratton (SBN 254080)
HARVEY SISKIND LLP
Four Embarcadero Center, 39th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Clement H. Luken, Jr. (admitted pro hac vice)
John Paul Davis (admitted pro hac vice)
WOOD, HERRON & EVANS, L.L.P.
2700 Carew Tower, 441 Vine Street
Cincinnati, Ohio 45202-2917
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Edward Vincent King, Jr. (SBN 085726)
KING & KELLEHER, LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Defendant
and Counterclaimant
QUALITY GOLD, INC.

Attorneys for Plaintiff
and Counterdefendant
TRENT WEST

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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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TRENT WEST,

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v.

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Case No. C 10-3124 JF (HRL)
Plaintiff,

QUALITY GOLD, INC.,

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-----------------STIPULATION AND [PROPOSED]
ORDER TO AMEND THE CASE
SCHEDULE

Defendant.

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QUALITY GOLD, INC.,
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Counterclaimant,
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v.
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TRENT WEST,
Counterdefendant.

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STIPULATION AND [PROPOSED] ORDER
TO AMEND THE CASE SCHEDULE

Case No. C 10-3124 JF (HRL)

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The parties, by and through their respective counsel, hereby stipulate to amend the

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current case schedule as shown below. The parties stipulate in good faith and not for any

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purposes of delay, as this revised schedule will allow for a more efficient, orderly and complete

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presentation of any claim construction issues for the Court.

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Event

Current Dates

Proposed Dates

Exchange of Supplemental Extrinsic Evidence1

N/A

April 15, 2011

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Exchange of Rebuttal Extrinsic Evidence

N/A

April 22, 2011

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Complete discovery necessary for claim
construction under Patent L.R. 4-4

April 14, 2011

May 5, 2011

File Opening Claim Construction Brief under Patent
L.R. 4-5

April 18, 2011

May 9, 2011

File Responsive Claim Construction Brief under
Patent L.R. 4-5

May 2, 2011

May 23, 2011

May 9, 2011

June 6, 2011

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File Reply Claim Construction Brief under Patent
L.R. 4-5

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Markman Hearing under Patent L.R. 4-6

May 16, 2011 at 9:00
a.m.

June 13, 2011 at
9:00 a.m.

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On February 7, 2011, in accordance with Patent L.R. 4-2, the parties exchanged their
preliminary claim constructions and extrinsic evidence. In accordance with the parties’
Stipulated Amendment to Patent L.R. 4-3 Disclosures, Dkt. 38, filed March 30, 2011, the parties
have further agreed to a supplemental exchange of extrinsic evidence, e.g., witness declarations,
and have further agreed that they may reference that evidence as well as any declarant deposition
transcripts and exhibits that are, or may become, available in their claim construction briefs.
-1STIPULATION AND [PROPOSED] ORDER
TO AMEND THE CASE SCHEDULE

Case No. C 10-3124 JF (HRL)

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This stipulation will not affect the overall schedule of the case nor the Court’s timing in

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setting the matter for trial. The parties previously stipulated to extend the time for Defendant

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and Counterclaimant Quality Gold, Inc. to respond to the Complaint.

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Date: April 6, 2011

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Respectfully submitted,
HARVEY SISKIND LLP
IAN K. BOYD
MATTHEW A. STRATTON

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WOOD, HERRON & EVANS, L.L.P.
CLEMENT H. LUKEN, JR.
JOHN PAUL DAVIS

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By:

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/s/
Ian K. Boyd

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Attorneys for Defendant and Counterclaimant
QUALITY GOLD, INC.

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KING & KELLEHER, LLP
EDWARD VINCENT KING, JR.

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By:

Edward Vincent King, Jr.

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Attorneys for Plaintiff and Counterdefendant
TRENT WEST

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/s/

I, Ian K. Boyd, am the ECF User whose identification and password are being used to file
this document. Pursuant to General Order 45.X.B, I hereby attest that counsel for plaintiff has
concurred in this filing.

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/s/
Ian K. Boyd

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: April ___, 2011

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The Honorable Jeremy Fogel
United States District Judge

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-2STIPULATION AND [PROPOSED] ORDER
TO AMEND THE CASE SCHEDULE

Case No. C 10-3124 JF (HRL)