Apple Inc. v. Sanho Corporation

Filing 35

STIPULATION AND ORDER AS MODIFIED BY THE COURT Amending Case Management Schedule re 34 Stipulation filed by Apple Inc. Joint Case Management Statement due by 9/20/2011. Case Management Conference set for 9/30/2011 at 10:00 a.m. Case Tutorial set for 11/17/2011 at 1:30 p.m. Claim Construction Hearing set for 11/18/2011 at 1:30 p.m. See order for further deadlines. Signed by Judge Edward J. Davila on May 5, 2011. (ejdlc1, COURT STAFF) (Filed on 5/5/2011)

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8 9 10 11 12 13 14 S J ER Attorneys for Plaintiff, APPLE INC. R NIA . D av i l a H 7 RT 6 NO 5 w a rd J u d ge E d FO 4 LI 3 D RDERE IS SO O FIED IT DI AS MO A 2 KILPATRICK TOWNSEND AND STOCKTON LLP THEODORE T. HERHOLD (State Bar No. 122895) ANDREW T. OLIVER (State Bar No. 226098) ROBERT D. TADLOCK (State Bar No. 238479) 379 Lytton Avenue Palo Alto, CA 94301 Telephone: (650) 326-2400 Facsimile: (650) 326-2422 Email: therhold@kilpatricktownsend.com aoliver@kilpatricktownsend.com rtadlock@kilpatricktownsend.com S DISTRICT TE C TA RT U O 1 Filed05/04/11 Page1 of 3 UNIT ED Case5:10-cv-04042-EJD Document34 N F D IS T IC T O R C WANG, HARTMANN, GIBBS & CAULEY,P.L.C. JOHN VAN LOBEN SELS (State Bar No. 201354) 2570 West El Camino Real, Suite 440 Mountain View, CA 94040 Telephone: (650) 209-1230 Facsimile: (650) 209-1231 Email: johnvanlobensels@whgclaw.com Attorney for Defendant, SANHO CORPORATION 15 UNITED STATES DISTRICT COURT 16 FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 SAN JOSE DIVISION 18 APPLE INC., a California corporation, 19 Plaintiff, 20 21 22 23 v. SANHO CORPORATION, a Delaware Corporation, and DOES 1 through 20, inclusive, Civil Action No. CV10-04042 (EJD) STIPULATION AND REQUEST TO AMEND CASE MANAGEMENT SCHEDULE DEMAND FOR JURY TRIAL Defendants. 24 25 26 27 28 STIPULATION AND REQUEST TO AMEND CASE MANAGEMENT SCHEDULE CV10-04042 (EJD) Case5:10-cv-04042-EJD Document34 Filed05/04/11 Page2 of 3 Pursuant to Civil L.R. 7-1(a)(5) and 7-12, Plaintiff Apple Inc. (“Apple”) and Defendant 1 2 Sanho Corporation (“Sanho”) (collectively, the “Parties”) stipulate to and respectfully request that 3 the Court reschedule the Case Management Statement deadline and all other deadlines currently 4 set in this matter. 5 STIPULATION WHEREAS, the Parties believe that they have reached an agreement that will settle this 6 7 patent infringement case in its entirety, and are currently in the process of drafting settlement 8 terms with the intent of confirming whether an agreement has indeed been reached; 9 WHEREAS, the Parties believe that their efforts should be focused on settlement and that 10 preparing further court filings prior to settlement may result in unnecessary costs and fees as well 11 as wasted judicial effort; 12 WHEREAS, on April 25, 2011, the Court issued a Reassignment Order (ECF No. 33), 13 indicating that this matter has been reassigned to Judge Davila and that an updated Joint Case 14 Management Statement is required; WHEREAS, on December 14, 2010, the Court issued a Patent Scheduling Order (ECF No. 15 16 29), and certain deadlines set by the Patent Scheduling Order are approaching; ACCORDINGLY, Apple and Sanho hereby stipulate to and respectfully request that the 17 18 Court amend the schedule in the following manner: 19 20 Current Deadline Deadline to file Joint Case Management Statement May 5, 2010 (ECF No. 33 at p. 2 ¶ 10) Patent L.R. 4-2 Exchange of Preliminary Claim Constructions and Extrinsic Evidence Joint Claim Construction and Prehearing Statement Close of Claim Construction Discovery May 13, 2010 (by agreement of the parties) June 13, 2011 May 23, 2011 (ECF No. 29 at p. 1, l. 24) June 20, 2011 (ECF No. 29 at p. 1, l. 25) Vacated (ECF No. 33 at p. 1, ¶ 6) (prior to ECF No. 33, CMC was set for July 11, 2011 by ECF No. 29 at p. 1, l. 26) June 23, 2011 21 22 23 24 25 26 27 28 [Proposed] Amended Deadline August 2, 20112011 October 4, 2011(in September 20, accordance with proposed CMC date set forth below) Event Interim Case Management Conference -2- July 20, 2011 At the Court’s 2011 September 2011 October 14,30, at convenience on or at 10:00 a.m. 10:00 a.m. after August 12, 2011 STIPULATION AND REQUEST TO AMEND CASE MANAGEMENT SCHEDULE CV10-04042 (EJD) Case5:10-cv-04042-EJD Document34 Filed05/04/11 Page3 of 3 1 2 Event Current Deadline 3 Case Tutorial September 29, 2011 at 9 a.m. (ECF No. 29 at p. 2, l. 1) Claim Construction Hearing September 30, 2011 at 9 a.m. (ECF No. 29 at p. 2, l. 2) 4 5 6 7 8 9 10 Opening Claim Construction Brief Responsive Claim Construction Brief Reply Claim Construction Brief 11 August 26, 2011 (35 days prior to Claim Construction Hearing) (ECF No. 29 at p. 4, l. 9-13) September 9, 2011 (21 days prior to Claim Construction Hearing) (ECF No. 29 at p. 4, l. 14-17) September 16, 2011 (14 days prior to Claim Construction Hearing) (ECF No. 29 at p. 4, l. 18-20) [Proposed] Amended Deadline At the Court’s 2011 November 1, 2011 at December 17, convenience on or at 1:30 p.m. 1:30 p.m. after October 31, 2011 At the Court’s December 2, 2011 November 18, convenience at 1:30 p.m. on or 2011 at 1:30 p.m. after November 1, 2011 35 days prior to Claim Construction Hearing 21 days prior to Claim Construction Hearing 14 days prior to Claim Construction Hearing 12 13 14 DATED: May 4, 2011 15 By: /s/ Andrew T. Oliver Theodore T. Herhold Andrew T. Oliver Robert D. Tadlock 16 Attorneys for Plaintiff, APPLE INC. 17 18 DATED: May 4, 2010 19 By: /s/ John Van Loben Sels (with permission ATO) John Van Loben Sels Attorney for Defendant, SANHO CORPORATION 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED. Additional or alternative dates will be set at the Case Management Conference if necessary. 23 24 25 5 DATED: May _____, 2010 By: Edward J. Davila United States District Judge 63312632 v1 26 27 28 -3- STIPULATION AND REQUEST TO AMEND CASE MANAGEMENT SCHEDULE CV10-04042 (EJD)

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