Brocade Communications Systems, Inc. et al v. A10 Networks, Inc. et al

Filing 90

STIPULATION AND ORDER (as modified) re 87 Proposed Order, filed by Brocade Communications Systems, Inc., Foundry Networks, LLC Tutorial Hearing set for 12/12/2011 12:00 PM in Courtroom 4, 5th Floor, San Jose. Claims Construction Hearing set for 12/ 19/2011 12:00 PM. Further Case Management Conference set for 2/15/2012 02:00 PM. Further Case Management Conference set for 5/2/2012 02:00 PM in Courtroom 4, 5th Floor, San Jose. Final Pretrial Conference set for 6/20/2012 02:00 PM. Jury Selection set for 7/16/2012 09:00 AM. Jury Trial set for 7/16/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Lucy H. Koh on 5/9/11. (mpb, COURT STAFF) (Filed on 5/9/2011)

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FABIO E. MARINO (SBN 183825)
[e-mail]
MATTHEW H. POPPE (SBN 177854)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile:
650-614-7401
Attorneys for Plaintiffs
BROCADE COMMUNICATIONS SYSTEMS, INC. AND
FOUNDRY NETWORKS, LLC

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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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BROCADE COMMUNICATIONS
SYSTEMS, INC., a Delaware corporation,
and FOUNDRY NETWORKS, LLC, a
Delaware limited liability company,

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Case No. C10-03428 LHK
[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT, AS
MODIFIED

Plaintiffs,
v.
A10 NETWORKS, INC., a California
corporation, LEE CHEN, an individual,
RAJKUMAR JALAN, an individual, RON
SZETO, an individual, LIANG HAN, an
individual, STEVEN HWANG, an individual,
and DAVID CHEUNG, an individual,
Defendants.

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[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT
CASE NO. 10-CV-03428-LHK
OHS WEST:261141939.2

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WHEREAS, Plaintiffs Brocade Communications Systems, Inc. and Foundry Networks,
LLC and Defendants A10 Networks, Inc., Lee Chen, Rajkumar Jalan, Ron Szeto, Steven Hwang
and Liang Han (“the A10 Defendants”) have jointly requested entry of this [Proposed] Case
Management Order; and

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WHEREAS, the Court has reviewed and approved the terms of this Order,

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The Court HEREBY ORDERS as follows:

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Plaintiffs’ Third Amended Complaint
1.

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their Third Amended Complaint on April 29, 2011;
2.

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shall respond to the Third Amended Complaint in the time period set in the Federal

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Rules of Civil Procedure;

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Source Code Review/Protective Order
3.

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be permitted to perform source code comparisons at this third party location and the

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results of all source code comparisons will be saved and made available to A10,

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Brocade and Foundry electronically. Each party’s source code will be kept at the third

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party facility until the source code comparisons are completed. Because each party

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will be permitted to observe source code comparisons performed by the other party,

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the parties shall confer and agree to a mutually acceptable schedule as to when these

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A10, Brocade and Foundry shall produce source code at a mutually agreeable third
party location by May 31, 2011. For purposes of the Copyright claim, the parties will

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Cheung’s Answer to Plaintiffs’ First Amended Complaint shall be deemed to be
Cheung’s Answer for Plaintiffs’ Third Amended Complaint. The A10 Defendants

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Plaintiffs are granted leave to file their Third Amended Complaint. Plaintiffs filed

comparisons will be run;
4.

After each party has fully performed all source code comparisons and obtained all
results from these comparisons, all subsequent source code review will take place at
the offices of outside counsel for the party producing source code on three (3) days’
notice from 9 a.m. to 5 p.m.;

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OHS WEST:261141939.2

[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT
CASE NO. 10-CV-03428-LHK

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5.

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parties’ stipulated protective order shall include the provisions regarding source code

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review set forth in this Stipulated Order. In addition, the prosecution bar provision of

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the parties’ stipulated protective order will provide that lawyers employed by outside

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litigation counsel for either party, upon any access to the confidential information of

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the other party in this litigation shall not be involved in the prosecution of any

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reexamination regarding the Patents-in-Suit. The prosecution bar shall be limited only

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to the prosecution of patents claiming load balancing, Network Address Translation

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(NAT), cookies, or High Availability;

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Procedure for Discovery Motions
6.

All motions to compel will be heard by this Court;

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The parties will meet and confer before raising any discovery dispute to this Court.

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Before raising any discovery dispute to this Court, lead trial counsel and shall be meet

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The parties will submit a stipulated protective order to the Court by May 6, 2011. The

and confer in person;
8.

Should the parties fail to resolve a discovery issue, they will contact the Court for a
hearing on the discovery motion. The complaining party shall be permitted no more
than three (3) pages for any discovery motion served at least twenty-one (21) court
days before the hearing. The opposing party may serve an opposition paper of no
more than three (3) pages at least fourteen (14) days before the hearing. No reply
briefs will be permitted. Lead trial counsel shall argue all discovery motions.
Attorneys’ fees and costs may be awarded if the losing party’s position was not
substantially justified, pursuant to Federal Rule of Civil Procedure 37(a)(5);
Case Management Schedule

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Last day for the Plaintiffs to serve amended May 12, 2011
Patent Local Rule 3-1 Infringement Contentions
identifying no more than fifty (50) asserted
claims from the asserted patents in the Third
Amended Complaint.

-2OHS WEST:261141939.2

[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT
CASE NO. 10-CV-03428-LHK

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Last day for the A10 Defendants to be permitted May 26, 2011
to inspect the AX 5200 device in the possession
of Orrick, Herrington and Sutcliffe LLP.
Plaintiffs agree not to reverse engineer the AX
5200. Plaintiffs will only perform testing of the
AX 5200 at Plaintiffs’ facility with Defendants’
counsel and consultant present.
Last day for Plaintiffs to identify with May 31, 2011.
particularity no more than twenty (20) categories
of asserted trade secrets.
Last day for the A10 Defendants to produce all May 31, 2011.
source code.
Last day for Brocade and Foundry to produce
source code for use in the automated comparisons
described in ¶3.
Last day for the A10 Defendants to serve their June 27, 2011
Invalidity Disclosures and Accompanying
Document Production pursuant to Patent Local
Rules 3-3 and 3-4.
Last day for the Plaintiffs and the A10 July 11, 2011
Defendants to exchange Proposed Terms of
Construction as required by Patent Local Rule 41(a).

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Last day for the Plaintiffs and the A10 August 1, 2011
Defendants to exchange Preliminary Claim
Constructions and Extrinsic Evidence as required
by Patent Local Rule 4-2.
Case Management Conference.

August 24, 2011 at 2 p.m

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Last day for the parties to jointly file a Joint August 26, 2011
Claim Construction Statement as required by
Patent Local Rule 4-3.
End of Claim Construction discovery as required September 26, 2011
by Patent Local Rule 4-4.
Last day for the Plaintiffs to file their opening October 11, 2011
claim construction brief and supporting evidence
as required by Patent Local Rule 4-5(a).
Last day to file summary judgment motions for
-3OHS WEST:261141939.2

[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT
CASE NO. 10-CV-03428-LHK

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which claim construction will be dispositive.

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Last day for the A10 Defendants to file their November 8, 2011
responsive brief and supporting evidence as
required by Patent Local Rule 4-5(b).

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Last day to file oppositions to summary judgment
motions for which claim construction will be
dispositive.
Last day for the Plaintiffs to file their reply brief November 22, 2011
and rebuttal evidence as required by Patent Local
Rule 4-5(c).
Last day to file summary judgment replies for
summary judgment motions for which claim
construction will be dispositive.

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Last day for the parties to file their submissions December 5, 2011
for the Technology Tutorial in connection with
Claim Construction.
The parties shall meet and confer as necessary
concerning the format or any limitations
regarding their respective submissions.

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Technology Tutorial hearing

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Claim Construction hearing as required by Patent December 19, 2011 at 12:00 p.m.
Local Rule 4-6. The Court will construe no more
than ten (10) claim terms.

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December 12, 2011 at 12:00 p.m.

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Hearing on motions for summary judgment that
will be decided by the Court’s Claim
Construction decision.

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Case Management Conference.

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Last day for the parties to engage in private April 2, 2012
mediation.

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Case Management Conference

May 2, 2012 at 2 p.m.

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Pre-Trial Conference

June 20, 2012 at 2 p.m.

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February 15, 2012 at 2 p.m

All pretrial disclosures shall be made
in the manner set forth in the Federal
and Local Rules as well as this Court’s
Standing Order

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First day of Trial

July 16, 2012 at 9:00 a.m.
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OHS WEST:261141939.2

[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT
CASE NO. 10-CV-03428-LHK

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Parties are referred to private mediation to be completed by April 2, 2012.

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IT IS SO ORDERED.

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Dated: May 9, 2011
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THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT COURT JUDGE

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Dated: May 4, 2011

ORRICK, HERRINGTON & SUTCLIFFE LLP

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/s/
FABIO E. MARINO
Attorneys For Plaintiffs
BROCADE COMMUNICATIONS SYSTEMS, INC.
AND FOUNDRY NETWORKS, LLC

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Dated: May 4, 2011

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.

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/s/
SCOTT R. MOSKO
Attorneys for Defendants
A10 NETWORKS, INC., LEE CHEN, RAJKUMAR
JALAN, RON SZETO, LIANG HAN, AND
STEVEN HWANG

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Concurrence in the filing of this document has been
obtained from each of the other signatories pursuant to
General Order 45(X)(B).

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-5OHS WEST:261141939.2

[PROPOSED] STIPULATED ORDER
ON CASE MANAGEMENT
CASE NO. 10-CV-03428-LHK