Solannex, Inc. v. MiaSole, Inc.

Filing 78

STIPULATION AND ORDER ENLARGING TIME FOR CERTAIN CLAIM CONSTRUCTION DEADLINES re 77 Stipulation filed by MiaSole, Inc., Solannex, Inc. Signed by Judge Paul S. Grewal on August 19, 2011. (psglc1, COURT STAFF) (Filed on 8/19/2011)

Claude M. Stern (State Bar No. 96737)
Ray Zado (State Bar No. 208501)
Anna T. Neill (State Bar No. 270858)
QUINN EMANUEL URQUHART & SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant MiaSolé, Inc.

1 GREGORY S. TAMKIN (State Bar No. 175009)
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CASE COLLARD (State Bar No. 245834)
DORSEY & WHITNEY LLP
1400 Wewatta Street, Suite 400
Denver, CO 80202-5549
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Solannex, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

11 SOLANNEX, INC.,
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Plaintiff,

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v.
MIASOLÉ, INC.,

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Defendant.

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Case No. 11-cv-00171 PSG

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STIPULATION ENLARGING TIME FOR
CERTAIN CLAIM CONSTRUCTION
-------------------DEADLINES; PROPOSED
ORDER THEREON

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Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Solannex, Inc. (“Solannex”) and

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19 Defendant MiaSolé, Inc. (“MiaSolé “) respectfully request that the Court enter the following
20 stipulation regarding the schedule set forth in the May 15, 2011 Amended Case Management Order
21 (Docket No. 57), as modified by the July 13, 2011, Stipulation and Order Enlarging Time for
22 Certain Claim Construction Deadlines (Docket No. 72). The parties now AGREE AND
23 STIPULATE to extend the following deadlines:
24 Event

Previous Deadline

Proposed Deadline

25 Last Day for the Exchange of Preliminary Proposed

August 16, 2011
[Docket No. 72]

September 19, 2011

August 25, 2011
[Docket No. 72]

October 10, 2011

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Claim Construction and Extrinsic Evidence
(Patent L.R. 4-2)

27 File Joint Claim Construction Statement (Patent
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L.R. 4-3) – limited to 10 terms unless leave of court
granted
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STIPULATION ENLARGING TIME FOR CERTAIN CLAIM CONSTRUCTION DEADLINES; ORDER THEREON

Case No. 11-cv-00171 PSG

1 Event

Previous Deadline

Proposed Deadline

2 Completion of Claim Construction Discovery (Patent

August 18, 2011
[Docket No. 72]

November 9, 2011

L.R. 4-4)

Last Day for Plaintiff’s Opening Claim Construction

August 29, 2011
[Docket No. 57]

November 22, 2011

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4 Brief (Patent L.R. 4-5(a))
Construction Brief (Patent L.R. 4-5(b))

September 13, 2011 December 12, 2011
[Docket No. 57]

Last Day for Plaintiff’s Reply Claim Construction

7 Brief (Patent L.R. 4-5)

September 20, 2011 December 19, 2011
[Docket No. 57]

8 Tutorial and Claims Construction Hearing

October 4, 2011
[Docket No. 57]

5 Last Day for Defendant’s Opposing Claim
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To be set by the
Court; earliest
possible date of
January 12, 2012

11 1.

Reason for the Request

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Current counsel for Solannex recently substituted into this case on July 25, 2011 (Docket

13 No. 73). The same day, the parties agreed to extend the exchange of proposed terms for
14 construction by two days, from July 27, 2011 to July 29, 2011, to ensure that all parties were able to
15 meet the deadline (Docket No. 74). Now that current counsel for Solannex and counsel for
16 MiaSolé have reviewed the current schedule, they agree that it does not allow adequate time for
17 review of the proposed claim terms in light of MiaSolé’s recently served infringement contentions
18 nor does it allow adequate time for claim construction discovery.
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In an effort to more closely conform the schedule with the order and pace of events

20 originally set out by the Court (Docket No. 57), the parties request the above amendment to Case
21 Management Order.
22 2.

Prior Time Modifications

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The time for MiaSolé to answer or otherwise respond to the Complaint was previously

24 extended by 30 days. The Initial Status Conference was previously extended 15 days, from
25 February 28 to March 15, 2011. Solannex was allowed to supplement its May 10, 2011
26 infringement contentions 48 days later, on June 27, 2011. MiaSolé’s invalidity contention deadline
27 was previously extended by 17 days from June 24, 2011 to July 11, 2011, and further extended 31
28 days to August 11, 2011. The deadline for exchange of proposed terms and claim elements for
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STIPULATION ENLARGING TIME FOR CERTAIN CLAIM CONSTRUCTION DEADLINES; ORDER THEREON

Case No. 11-cv-00171 PSG

1 construction was extended 19 days, from July 8 to July 27, 2011, and further extended 2 days to
2 July 29, 2011. The deadline for exchange of preliminary proposed claim construction and extrinsic
3 evidence was extended 32 days, from July 15 to August 16, 2011. The deadline to file the Joint
4 Claim Construction Statement was extended 34 days, from July 22 to August 25, 2011. The
5 deadline for completion of claim construction discovery was shortened 4 days, from August 22 to
6 August 18, 2011.
7 3.

Effect of Requested Modification

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Depending on the date the Court sets for the Tutorial and Claims Construction hearing and

9 the date of the Court’s subsequent Claim Construction order, it is likely that the close of fact
10 discovery (February 3, 2012), opening expert reports (February 10, 2012), and the subsequent dates
11 will need to be adjusted. Once the Court sets the date of the Claims Construction hearing, the
12 parties will endeavor to stipulate to a modified Case Management Order that takes into account the
13 new dates.
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So Stipulated.

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I, Gregory S. Tamkin, attest that concurrence in the filing of this document has been

16 obtained from each of the other signatories below.
17 Dated this 16th day of August, 2011.
18 /s/ Gregory S. Tamkin

/s/ Ray Zado
Claude M. Stern
Ray Zado
Anna T. Neill
QUINN EMANUEL URQUHART & SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant MiaSolé, Inc.

Gregory S. Tamkin

19 Case Collard

DORSEY & WHITNEY, LLP

20 Email: [e-mail]
Email: [e-mail]

21 1400 Wewatta Street, Suite 400
22 Denver, CO 80202-5549
23

Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Solannex, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: August ___, 2011

Honorable Paul S. Grewal
United States District Judge

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STIPULATION ENLARGING TIME FOR CERTAIN CLAIM CONSTRUCTION DEADLINES; ORDER THEREON

Case No. 11-cv-00171 PSG

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CERTIFICATE OF SERVICE
On August 16, 2011, I caused the foregoing document, titled STIPULATION

3 ENLARGING TIME FOR CERTAIN CLAIM CONSTRUCTION DEADLINES; PROPOSED
4 ORDER THEREON, to be electronically filed with the court, which will cause a Notice of
5 Electronic Filing to be automatically generated by the court’s electronic filing system and sent to all
6 parties in this case. Pursuant to General Order No. 45, Sections II.G. and IX, the Notice of
7 Electronic Filing when e-mailed to the email addresses of record for counsel in the case constitutes
8 service on the receiving parties.
9

/s/ Gregory S. Tamkin
Gregory S. Tamkin

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STIPULATION ENLARGING TIME FOR CERTAIN CLAIM CONSTRUCTION DEADLINES; ORDER THEREON

Case No. 11-cv-00171 PSG