Solannex, Inc. v. MiaSole, Inc.

Filing 86

STIPULATION AND ORDER ENLARGING TIME FOR PATENT LR 4-3 JOINT CLIAM CONSTRUCTION AND PREHEARING STATEMENT re 85 Stipulation filed by MiaSole, Inc. Signed by Judge Paul S. Grewal on October 11, 2011. (psglc1, COURT STAFF) (Filed on 10/11/2011)

1 Gregory S. Tamkin (State Bar No. 175009)
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]
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Attorneys for Plaintiff
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SOLANNEX, INC.
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Attorneys for Defendant and Counterclaim
Plaintiff MIASOLÉ, INC.

UNITED STATES DISTRICT COURT

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Claude M. Stern (Bar No. 96737)
Ray Zado (Bar No. 208501)
Anna T. Neill (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]

CASE NO. 11-CV-0171 (PSG)
SOLANNEX, INC.,
Plaintiff,
vs.
MIASOLÉ

STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME FOR
PATENT L.R. 4-3 JOINT CLAIM
CONSTRUCTION AND PREHEARING
STATEMENT
[Civil L.R. 6-1, 6-2]

Defendant.

Honorable Paul S. Grewal
United States District Judge

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03996.51801/4387041.1

Case No. 11-CV-0171 (PSG)
STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

1

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

 Defendant MiaSolé respectfully request that the Court enter the stipulation Enlarging Time for the
 filing of the Patent L.R. 4-3 Joint Claim Construction and Prehearing Statement. The parties
 AGREE AND STIPULATE to extend the deadline for such exchange from Monday, October 10,
 2011 until Wednesday, October 12, 2011.
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1. Reason for the Request



The parties are continuing to negotiate in a an attempt to limit the claim terms in dispute

 and hope to reach agreement on these terms soon. Therefore, in order to simplify the claim
 construction process, the parties have agreed to extend the deadline for the exchange of
 preliminary claim constructions by one court day. Because the initially scheduled due date falls
 on a court holiday, October 10, 2011, a one-day extension of the filing date results in a due date of
 October 12, 2011.
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2. Prior Time Modifications

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

 extended by 30 days. The Initial Status Conference was previously extended by 15 days from
 February 28 to March 15. Solannex was allowed to supplement its May 10, 2011 infringement
 contentions 48 days later, on June 27, 2011. MiaSolé’s invalidity contention deadline was
 previously extended by 17 days from June 24, 2011 to July 11, 2011. On August 19, 2011,
 pursuant to a stipulated scheduled agreed to by the parties, the Court entered a Second Amended
 Case Management Order that, inter alia, extended the claim construction deadlines such that the
 claim construction hearing was extended by approximately three and one half months. The
 subsequent dates were also extended such that the trial date was extended by approximately two
 and one half months. The parties stipulated and the court granted a two-day extension for the
 Patent L.R. 4-2 Exchange of Preliminary Claim Constructions from September 19, 2011 to
 September 21, 2011.
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03996.51801/4387041.1

Case No. 11-CV-0171 (PSG)
-1STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

1

3. Effect of Requested Modification

2

These extension currently under discussion will have no effect on the dates for claim

3 construction briefing or any subsequent deadlines in this case.
4

So Stipulated.

5
6 DATED: October 7, 2011

DORSEY & WHITNEY LLP

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By /s/ ¨Case Collard

8

12

Gregory S. Tamkin (State Bar No. 175009)
Case Collard (State Bar No. 245834)
1400 Wewatta Street, Suite 400
Denver, CO 80202-5549
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff SOLANNEX, INC.

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DATED: October 7, 2011

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/ Ray Zado

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18

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Claude M. Stern (Bar No. 96737)
Ray Zado (Bar No. 208501)
Anna T. Neill (Bar No. 270858)
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for MIASOLÉ

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20

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24 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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03996.51801/4387041.1

11
DATED: October ___, 2011

________________________________
Honorable Paul S. Grewal
United States District Judge

Case No. 11-CV-0171 (PSG)
-2STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

1

ATTESTATION

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I hereby attest pursuant to General Order 45.X.B that concurrence in the electronic filing of

 this document has been obtained from the signatories.
 Dated: October 7, 2011
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/s/ Anna T. Neill______
Anna T. Neill

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03996.51801/4387041.1

Case No. 11-CV-0171 (PSG)
-1STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

1
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have

 consented to electronic service are being served with a copy of this document via the Court’s ECF
 System.
 Dated: October 7, 2011
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/s/ Anna T. Neill________
Anna T. Neill

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03996.51801/4387041.1

Case No. 11-CV-0171 (PSG)
-1STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PATENT L.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT