Iridex Corp. v. Alcon, Inc. et al

Filing 16

STIPULATION AND ORDER AS MODIFIED BY THE COURT to Extend Time to Respond to Initial Complaint re 15 Stipulation. The 11/4/2011 Case Management Conference is VACATED. Joint Case Management Statement due by 1/20/2012. Case Management Conference set for 1/27/2012 10:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 10/28/2011. (ecg, COURT STAFF) (Filed on 10/28/2011)

S

Attorneys for Plaintiff, IRIDEX CORP.

5

7

10

IRIDEX CORP., a Delaware corporation,
Plaintiff,

15

18
19
20

F
D IS T IC T O
R

C

SAN FRANCISCO DIVISION

13

17

N

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12

16

a

UNITED STATES DISTRICT COURT

11

14

ER

J . D av i l

H

6

d w a rd
J u d ge E

R NIA

4

FO

3

DERED
SO OR
IT IS
DIFIED
AS MO

A

2

LI

UNIT
ED

9

RT
U
O

RT

8

KILPATRICK TOWNSEND & STOCKTON LLP
Anne M. Rogaski (State Bar No. 184754)
1080 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

1

NO

KILPATRICK TOWNSEND & STOCKTON LLP
A. James Isbester (State Bar No. 129820)
Two Embarcadero Center, Eighth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

S DISTRICT
TE
C
TA

v.
ALCON, INC., ALCON LABORATORIES,
INC., ALCON RESEARCH LTD. (all
Delaware corporations) and DOES 1-5,
inclusive,
Defendants.

Case No. CV11-02405 EJD (HRL)
FURTHER STIPULATION TO EXTEND
TIME TO RESPOND TO INITIAL
COMPLAINT (L.R. 6-2)
Complaint served:
September 14, 2011
Original response date: October 5, 2011
First stip. resp. date: October 28, 2011
New response date:
November 1, 2011

21
22

Plaintiff IRIDEX Corporation (“IRIDEX”) filed a Complaint for patent infringement

23

against Defendants Alcon, Inc., Alcon Laboratories, Inc., and Alcon Research Ltd. (collectively,

24

“Alcon”) on May 17, 2011, after which time the parties began discussing settlement. Progress

25

was made towards a resolution of this litigation but, when an agreement was not reached before

26

the deadline to serve the Complaint, IRIDEX served the Complaint on Alcon on September 14,

27

2011. The parties continued their settlement discussions, making further progress, but had not

28

reached a final agreement when Alcon’s deadline to respond to the Complaint approached. The
FURTHER STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-2)
CASE NO. CV11-02405 EJD (HRL)

-1-

1

parties thus stipulated on October 3, 2011, to extend the time for Alcon to respond to IRIDEX’s

2

Complaint, from October 5, 2011 to October 28, 2011. Settlement discussions continued. The

3

parties now have reached a proposed settlement of this matter, have finalized the language of the

4

operative agreements and are simply awaiting the necessary Alcon corporate approvals before the

5

agreements can be signed. Because the date for Alcon to respond to IRIDEX’s Complaint is once

6

again upon us, the parties have agreed to a further, short extension to allow the agreements to be

7

signed.
Accordingly, to allow Alcon additional time to obtain the necessary approvals, the parties

8
9

have stipulated, and the approval of the Court pursuant to Local Rule 6-2 is requested, that the

10

time in which Alcon may answer or otherwise respond to the Complaint in the above-referenced

11

proceeding shall be extended to and include November 1, 2011. Once the proposed settlement

12

agreement is signed, certain actions will be triggered which, under the proposed settlement

13

agreement, must occur before IRIDEX dismisses its Complaint.
If the agreements are signed by November 1, 2011, the parties further agree to a stay of all

14
15

dates in this case until November 18, 2011, at which point the parties expect this case to be

16

dismissed.
If the agreements are not signed by November 1, 2011, the parties agree that:

17
18

•

Alcon’s response to the Complaint will be filed November 1, 2011;

19

•

the parties shall conduct a Rule 26(f) conference no later than November 11, 2011;

20

•

the parties shall jointly submit their Rule 26(f) Report no later than November 18,
2011; and

•

the Case Management Conference currently scheduled for November 4, 2011 be
rescheduled to a date convenient to the Court after November 18, 2011.

21
22
23

///

24

///

25

///

26

///

27

///

28

///
FURTHER STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-2)
CASE NO. CV11-02405 EJD (HRL)

-2-

1

DATED: October 27, 2011

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

2
3

By: /s/ Anne M. Rogaski
A. JAMES ISBESTER
ANNE M. ROGASKI

4
5
6

Attorneys for Plaintiff, IRIDEX CORP.

7
8
9

DATED: October 27, 2011
By: /s/ Matthew A. Hayenga
MATTHEW A. HAYENGA

10
11

Attorneys for Defendants
ALCON, INC., ALCON LABORATORIES, INC.,
and ALCON RESEARCH LTD.

12
13
14
15
16

The Case Management Conference currently scheduled for November 4, 2011, is
VACATED and rescheduled for January 27, 2012, at 10:00 a.m. The parties shall file a
Joint Case Management Conference Statement on or before January 20, 2012.
PURSUANT TO STIPULATION, IT ISAMENDED, IT IS SO ORDERED.
PURSUANT TO STIPULATION AS SO ORDERED

17
18
19

Dated: October 28, 2011
United States District Judge Edward J. Davila

20
21
22
23
24
25
26
27
28
FURTHER STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-2)
CASE NO. CV11-02405 EJD (HRL)

-3-

1

Filer’s Attestation: Pursuant to General Order No. 45, Section X(B), regarding signatures, I attest

2

under penalty of perjury that concurrence in the filing of this document has been obtained from

3

Matthew A. Hayenga.

4
5

DATED: October 27, 2011

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

6
7

By: /s/ Anne M. Rogaski
A. JAMES ISBESTER
ANNE M. ROGASKI

8
9

Attorneys for Plaintiff, IRIDEX CORP.

10
11
12
13
14

63799677 v1

15
16
17
18
19
20
21
22
23
24
25
26
27
28
FURTHER STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-2)
CASE NO. CV11-02405 EJD (HRL)

-4-