Guzik Technical Enterprises, Inc. v. Western Digital Corporation et al

Filing 78

ORDER re 76 GRANTING STIPULATION TO ENLARGE TIME filed by Western Digital (Fremont) Inc, Western Digital (Malaysia) SDN.BHD., Western Digital Technologies, Inc., Western Digital (Thailand) Company Limited, Western Digital Corporation. Signed by Judge Paul S. Grewal on 5/9/2012. (psglc3, COURT STAFF) (Filed on 5/11/2012)

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STEVEN M. BAUER, Bar No. 135067
[e-mail]
JAMES L. DAY, Bar No. 197158
[e-mail]
GAVIN M. MASUDA, Bar No. 260480
[e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]

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RICHARD G. FRENKEL, Bar No. 204133
[e-mail]
MICHELLE P. WOODHOUSE, Bar No. 260669
[e-mail]
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants and Counterclaim Plaintiffs

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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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GUZIK TECHNICAL ENTERPRISES, INC.

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CASE NO. 5:11-CV-03786-PSG

Plaintiff and Counterclaim Defendant,
v.
WESTERN DIGITAL CORPORATION,
WESTERN DIGITAL TECHNOLOGIES, INC.,
and WESTERN DIGITAL (FREMONT) INC.,

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Magistrate Judge: Hon. Paul Singh Grewal
Courtroom: 5, 4th Floor

Defendants and Counterclaim Plaintiffs, and

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STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME FOR
CERTAIN CLAIM CONSTRUCTION
DEADLINES

WESTERN DIGITAL (THAILAND) COMPANY
LIMITED and WESTERN DIGITAL
(MALAYSIA) SDN.BHD,

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Defendants.

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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR
CERTAIN CLAIM CONSTRUCTION DEADLINES
5:11-CV-03786-PSG

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Pursuant to Civil Local Rules 6-1, 6-2, 7-12, and related rules, Plaintiff Guzik Technical

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Enterprises, Inc. (“GTE”) and Defendants Western Digital Corporation et al. (collectively,

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“Western Digital”) respectfully request that the Court enter the following stipulation regarding

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the schedule set forth in the December 19, 2011 Case Management Order (Dkt. 57) and the

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Stipulation Enlarging Time For Invalidity Contentions and Certain Claim Construction

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Deadlines entered March 16, 2012 (Dkt. 71). The parties now AGREE AND STIPULATE to

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extend the following deadlines:

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Event

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Last Day for Exchange of
Preliminary Proposed Claim
Construction and Extrinsic Evidence
(Patent L.R. 4-2)

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Previous Deadline

Proposed Deadline

May 14, 2012

May 25, 2012

June 1, 2012

June 8, 2012

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Last Day for Filing Joint Claim
Construction and Prehearing Chart
(Pat. L.R. 4.3)

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1.

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Both GTE and Western Digital have asserted patent claims in this case. Between the

Reason for the Request

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parties there are six patents in play with 83 claims asserted. The parties believe both parties will

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benefit from an additional eleven days to prepare their Disclosures of Preliminary Proposed

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Claim Constructions. The parties have adjusted the subsequent claim construction exchange

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accordingly. No other deadlines, including the claim construction briefing and hearing schedule,

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are affected by this stipulation.

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2.

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The time for Western Digital to respond to GTE’s Complaint was previously extended

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from August 24, 2011 to September 26, 2011. The Initial Case Management Conference was

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continued from October 18, 2011 to November 15, 2011, and then further continued to

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December 13, 2011. The time for GTE to respond to Western Digital’s Counterclaims was

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previously extended from October 17, 2011 to November 16, 2011. The hearing on Western

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Digital’s Motion to Dismiss was previously continued from November 1, 2011 to November 8,

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2011 and then further continued to November 15, 2011. The time for the parties to file a

ATTORNEYS AT LAW
SAN FRANCISCO

Prior Time Modifications

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR
CERTAIN CLAIM CONSTRUCTION DEADLINES
5:11-CV-03786-PSG

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stipulated protective order was previously extended from December 20, 2011 to January 13,

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2012. The hearing on GTE’s Motion to Dismiss was previously continued from January 10,

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2012 to January 24, 2012, and further continued to January 31, 2012. The date for service of

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invalidity contentions was previously extended from April 2, 2012 to April 13, 2012. The date

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for the exchange of Patent L.R. 4-1 disclosures was previously extended from April 16, 2012 to

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April 25, 2012. The date for the exchange of Patent L.R. 4-2 disclosures was previously

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extended from May 7, 2012 to May 14, 2012.

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3.

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

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Effect of Requested Modification

construction briefing or any subsequent deadlines in this case.
So Stipulated.
Dated: May 7, 2012

LATHAM & WATKINS, LLP

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By: /s/ Richard G. Frenkel
Richard G. Frenkel
Attorneys for Defendants/Counterclaim Plaintiffs
Western Digital Corporation et al.

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Pursuant to General Order 45.X.B, I hereby attest that concurrence in the electronic filing
of this document has been obtained from the other signatories.

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Dated: May 7, 2012

BERGESON, LLP

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By: /s/ Jaideep Venkatesan
Jaideep Venkatesan

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_______

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Attorneys for Plaintiff/Counterclaim Defendant
Guzik Technical Enterprises, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ATTORNEYS AT LAW
SAN FRANCISCO

Dated: May , 2012
HON. PAUL SINGH GREWAL

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR
CERTAIN CLAIM CONSTRUCTION DEADLINES
5:11-CV-03786-PSG

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UNITED STATES MAGISTRATE JUDGE

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR
CERTAIN CLAIM CONSTRUCTION DEADLINES
5:11-CV-03786-PSG