Apple Inc. v. Sanho Corporation
Filing
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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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Attorneys for Plaintiff,
APPLE INC.
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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
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Filed05/04/11 Page1 of 3
UNIT
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Case5:10-cv-04042-EJD Document34
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D IS T IC T O
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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
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California corporation,
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Plaintiff,
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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.
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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
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Sanho Corporation (“Sanho”) (collectively, the “Parties”) stipulate to and respectfully request that
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the Court reschedule the Case Management Statement deadline and all other deadlines currently
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set in this matter.
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STIPULATION
WHEREAS, the Parties believe that they have reached an agreement that will settle this
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patent infringement case in its entirety, and are currently in the process of drafting settlement
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terms with the intent of confirming whether an agreement has indeed been reached;
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WHEREAS, the Parties believe that their efforts should be focused on settlement and that
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preparing further court filings prior to settlement may result in unnecessary costs and fees as well
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as wasted judicial effort;
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WHEREAS, on April 25, 2011, the Court issued a Reassignment Order (ECF No. 33),
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indicating that this matter has been reassigned to Judge Davila and that an updated Joint Case
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Management Statement is required;
WHEREAS, on December 14, 2010, the Court issued a Patent Scheduling Order (ECF No.
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29), and certain deadlines set by the Patent Scheduling Order are approaching;
ACCORDINGLY, Apple and Sanho hereby stipulate to and respectfully request that the
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Court amend the schedule in the following manner:
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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
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[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
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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
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Event
Current Deadline
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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)
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Opening Claim Construction Brief
Responsive Claim Construction
Brief
Reply Claim Construction Brief
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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
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DATED: May 4, 2011
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By: /s/ Andrew T. Oliver
Theodore T. Herhold
Andrew T. Oliver
Robert D. Tadlock
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Attorneys for Plaintiff,
APPLE INC.
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DATED: May 4, 2010
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By: /s/ John Van Loben Sels (with permission ATO)
John Van Loben Sels
Attorney for Defendant,
SANHO CORPORATION
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PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED.
Additional or alternative dates will be set at the Case Management Conference if necessary.
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DATED: May _____, 2010
By:
Edward J. Davila
United States District Judge
63312632 v1
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-3-
STIPULATION AND REQUEST TO
AMEND CASE MANAGEMENT SCHEDULE
CV10-04042 (EJD)
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