Solannex, Inc. v. MiaSole, Inc.

Filing 61

STIPULATION AND ORDER SHORTENING TIME ON MIASOLE'S MOTION TO STAY, granting 59 STIPULATION WITH PROPOSED ORDER Shortening Time on Miasole's Motion to Stay (Civil Local Rule 6-2) filed by MiaSole, Inc.: 2/5/2013 Motion to Sta y (In Re: Docket No. 58 ) reset for 1/22/2013 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Solannex shall file its opposition by 1/11/2013, and Miasole shall file its reply by 1/16/2013. Signed by Judge Paul S. Grewal on 1/3/2013. (ofr, COURT STAFF) (Filed on 1/3/2013)

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EDWARD D. JOHNSON (SBN 189475)
[e-mail]
MICHAEL A. MOLANO (SBN 171057)
[e-mail]
CLIFF A. MAIER (SBN 248858)
[e-mail]
MAYER BROWN LLP
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306
Tel: [phone]
Fax: [phone]
VINCENT J. CONNELLY (admitted Pro Hac Vice)
[e-mail]
MAYER BROWN LLP
71 S. Wacker Drive
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
MiaSolé, Inc.

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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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SOLANNEX, INC., a Delaware corporation,

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Plaintiff,
v.
MIASOLÉ, INC., a California corporation,

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Defendant.

Case No. 5:12-cv-00832-PSG
STIPULATION AND [PROPOSED]
ORDER SHORTENING TIME ON
MIASOLÉ’S MOTION TO STAY
(CIVIL LOCAL RULE 6-2)
Judge:
Ctrm:

Hon Paul S. Grewal
5

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704661648.1

STIP. AND [PROPOSED] ORDER SHORTENING TIME ON MIASOLÉ’S MOT. TO STAY
CASE NO. 5:12-CV-00832-PSG

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Plaintiff Solannex, Inc. and defendant Miasolé, Inc., by and through their respective
counsel of record, hereby stipulate as follows:
WHEREAS, Miasolé filed a Motion to Stay (“Motion”) in the above-captioned action on
December 31, 2012 (Dkt. No. 58);

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WHEREAS, the Motion is set to be heard on February 5, 2013;

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WHEREAS, under the current case schedule, the following deadlines (“Markman

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Deadlines”) will occur before the Motion is heard on February 5, 2013 and/or before the end of

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March 2013:

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Miasolé’s invalidity contentions due

January 11, 2013

Parties exchange proposed terms and claim
elements for construction

January 11, 2013

Parties exchange proposed claim construction

January 18, 2013

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Parties’ joint claim construction statement due

January 25, 2013

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Claim construction discovery cutoff

February 15, 2013

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Parties exchange opening Markman briefs

February 22, 2013

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Parties exchange responsive Markman briefs

March 8, 2013

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Parties exchange reply Markman briefs

March 22, 2013

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WHEREAS, in exchange for Solannex’s agreement on the expedited briefing and hearing

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schedule, Miasolé agreed that it will not seek to modify these deadlines before the Court rules on

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the Motion;

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WHEREAS, the parties wish to brief and the Court to hear the Motion on an expedited

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basis because if the Court ultimately grants the Motion, the Parties may receive an Order in

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advance of various Markman Deadlines;

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NOW, THEREFORE, the parties agree and stipulate that:

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(1)

Solannex will file its opposition to the Motion on or before January 11, 2013;

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(2)

Miasolé will file its reply in support of the Motion on or before January 16, 2013;
and

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(3)

The Motion will be heard on January 22, 2013.

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STIP. AND [PROPOSED] ORDER SHORTENING TIME ON MIASOLÉ’S MOT. TO STAY
CASE NO. 5:12-CV-00832-PSG

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IT IS SO STIPULATED.
Dated: January 2, 2013

MAYER BROWN LLP

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By: /s/ Michael A. Molano
Michael A. Molano

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Attorneys for Defendant
MIASOLÉ, INC.

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Dated: January 2, 2013

DORSEY & WHITNEY LLP

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By: /s/ Gregory S. Tamkin
Gregory S. Tamkin

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Attorneys for Plaintiff
SOLANNEX, INC.

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Filer’s Attestation: Pursuant to Civil L.R. 5-1(i)(3), the filer hereby attests that the
signatory(ies)’s concurrence in the filing of this document has been obtained.

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. Miasolé’s Motion to Stay will

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be heard on January 22, 2013. Solannex shall file its opposition by January 11, 2013, and

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Miasolé shall file its reply by January 16, 2013.

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___________________________
Honorable Paul S. Grewal
United States Magistrate Judge

Dated: January 3, 2013

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STIP. AND [PROPOSED] ORDER SHORTENING TIME ON MIASOLÉ’S MOT. TO STAY
CASE NO. 5:12-CV-00832-PSG