Nazomi Communications Inc v. Nokia Corporation et al

Filing 392

ORDER ON STIPULATION AND WITHDRAWAL OF MOTION granting (374) Stipulation in case 5:10-cv-04686-RMW; granting (214) Stipulation in case 5:10-cv-05545-RMW. Signed by Judge Ronald M. Whyte on 8/13/2012. (rmwlc1, COURT STAFF) (Filed on 8/13/2012)

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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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NAZOMI COMMUNICATIONS, INC.,

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Plaintiff,

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v.

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NOKIA CORP., et al.,

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Defendants.
NAZOMI COMMUNICATIONS, INC.,

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Plaintiff,

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v.
SAMSUNG TELECOMMUNICATIONS,
INC., et al.,
Defendants.

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Case No. 5:10-CV-4686-RMW

Case No. 5:10-CV-05545-RMW
Date: July 20, 2012
Time: 9:00 a.m.
Place: Courtroom 6, 4th Floor
PROPOSED ORDER ON STIPULATION
AND WITHDRAWAL OF MOTION

On April 16, 2012, the Court issued a Case Management Order (D.I. 340 in Nazomi I and

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D.I. 173 in Nazomi II). On June 15, 2012, Defendants filed a motion to limit the number of asserted

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claims to 20, and for clarification as to the number of claims that this Court would construe at the

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full Markman hearings in Nazomi I and Nazomi II. On June 29, 2012, Plaintiff agreed to limit the

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number of asserted claims to 20 against all Defendants in Nazomi I and Nazomi II by August 10,

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PROPOSED ORDER ON STIPULATION AND WITHDRAWAL OF MOTION
CASE NO. 5:10-CV-4686-RMW, CASE No. 5:10-CV-05545-RMW

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2012. On July 6, 2012, Plaintiff and Defendants entered into a stipulation modifying the schedule

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set by this Court in its April 16, 2012 Case Management Order, subject to this Court’s approval.

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In accord with the above, the Court modifies the schedule as follows, all other dates set forth
in the April 16, 2012 Case Management Order remaining the same.

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Date

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August 10, 2012 (new)

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Expedited Claim
Construction and Summary
Judgment Schedule
Nazomi to identify the 20
claims asserted against all
Defendants in Nazomi I and
Nazomi II

August 17, 2012
August 24, 2012

Patent L.R. 4-1 exchange of
proposed terms for construction
at full Markman hearings in
Nazomi I and Nazomi II
Patent L.R. 4-2 exchange of
preliminary constructions and
supporting evidence for full
Markman hearings in Nazomi I
and Nazomi II
Earliest date for filing of
summary judgment motion on
cap for royalty damages
Patent L.R. 4-3 joint claim
construction and prehearing
statements for full Markman
hearings in Nazomi I and
Nazomi II

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August 31, 2012
September 7, 2012

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September 10, 2012

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Full Markman and
Subsequent Proceedings

September 14, 2012
September 21, 2012

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The Court notes that Defendants have withdrawn their motion for clarification without
prejudice.
DATED:
UNITED STATES DISTRICT COURT JUDGE

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PROPOSED ORDER ON STIPULATION AND WITHDRAWAL OF MOTION
CASE NO. 5:10-CV-4686-RMW, CASE NO. 5:10-CV-05545-RMW