Softvault Systems, Inc. v. Novell, Inc.

Filing 41

Order by Hon. Lucy H. Koh granting 40 Stipulation to Modify Schedule.(lhklc2, COURT STAFF) (Filed on 5/29/2013)

Case5:12-cv-05541-LHK Document40 Filed05/29/13 Page1 of 5

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Karen I, Boyd (SBN 189808)
[e-mail]
Zhuanjia Gu (SBN 244863)
[e-mail]
TURNER BOYD LLP
2570 W. El Camino Real, Suite 380
Mountain View, California 94040
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Novell, 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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SOFTVAULT SYSTEMS, INC.,

Civil Case No. 5:12-cv-05541-LHK

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Plaintiff,

STIPULATED MOTION TO MODIFY
SCHEDULE, PROPOSED ORDER,
AND DECLARATION OF COUNSEL

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vs.
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NOVELL, INC.,
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Defendant.
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STIPULATED MOTION

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On February 4, 2013, the Court entered its “Minute Order and Case Management Order”
(“Scheduling Order,” ECF No. 23) in the above-captioned action (“Action”) and in two companion
actions: SoftVault Systems, Inc. v. Research in Motion, Case No. 12-CV-5544 LHK (“RIM Action”)
and SoftVault Systems, Inc. v. International Business Machines Corporation, Case No. 12-CV-5546
LHK (“IBM Action”). The RIM Action has since settled and been dismissed.

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On March 22, 2013, the Court entered a “Modified Scheduling Order” (“Scheduling Order,”
ECF No. 32) in the above-captioned action (“Action”). In the last month, Defendant Novell, Inc.
(“Novell”) retained the above-named counsel and the parties agreed to participate in mediation on
Wednesday, June 5, 2013. In light of Novell’s new counsel and the upcoming mediation, the parties
stipulate to the below request that the Court continue certain deadlines imposed by the Scheduling
Order.
Specifically, Novell and Plaintiff SoftVault Systems, Inc. (“SoftVault”) move the Court to
modify the Scheduling Order as set forth in the following table:
STIPULATED MOTION TO
MODIFY SCHEDULE

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CASE NO. 5:12-CV-05541-LHK

Case5:12-cv-05541-LHK Document40 Filed05/29/13 Page2 of 5

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Event

Modified Scheduling
Order

Proposed Schedule

Last day to amend pleadings

May 30, 2013

No change

Invalidity contentions and
accompanying document
production (Patent L.R. 3-3, 3-4)

May 30, 2013

June 21, 2013

Exchange of proposed terms for
construction (Patent L.R. 4-1)

June 6, 2013

July 1, 2013

Exchange of preliminary claim
constructions and extrinsic
evidence (Patent L.R. 4-2)

June 20, 2013

July 8, 2013

Joint claim construction and
prehearing statement
(Patent L.R. 4-3)

July 3, 2013

July 15, 2013

Completion of claim construction
discovery (Patent L.R. 4-4)

July 18, 2013

No change

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Opening claim construction brief
(Patent L.R. 4-5(a))

July 25, 2013

No change

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Opposing claim construction brief
(Patent L.R. 4-5(b))

August 15, 2013

No change

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Reply claim construction brief
(Patent L.R. 4-5(c))

August 23, 2013

No change

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Technology tutorial

September 12, 2013

No change

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Claim construction hearing
(Patent L.R. 4-6)

September 19, 2013

No change

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The proposed modifications do not affect the technology tutorial and claim construction hearing

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dates or reduce the time available to the Court to review materials between the conclusion of claim

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construction briefing and the claim construction hearing.

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Accordingly, Novell and SoftVault, by and through their respective undersigned counsel,

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respectfully request that the Court enter an order modifying the schedule as set forth above.

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Undersigned counsel for Novell attests that she has obtained the concurrence of below identified

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counsel for SoftVault in the filing of this document.

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STIPULATED MOTION TO MODIFY
SCHEDULE

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CASE NO. 5:12-CV-05541-LHK

Case5:12-cv-05541-LHK Document40 Filed05/29/13 Page3 of 5

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DATED: May 29, 2013

TURNER BOYD LLP

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By /s/ Karen Boyd
Karen Boyd
Attorney for Defendant Novell, Inc.

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DATED: May 29, 2013

FRIEDMAN, SUDER & COOKE

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By /s/ Corby R. Vowell (with permission)
Corby R. Vowell, Esq.
Attorneys for Plaintiff SoftVault Systems, Inc.

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[Proposed] ORDER
PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.

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May 29,
DATED: __________________ 2013

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By

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Lucy H. Koh
UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION TO MODIFY
SCHEDULE

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Local Rule 6-2(a) Declaration
Pursuant to Local Rule 6-2(a), Novell’s undersigned counsel declares, under penalties of
perjury under the laws of the United States of America (and using terms as defined in the foregoing
“Stipulated Motion to Modify Schedule”), that:
1. The reasons for seeking the continuances requested by the Stipulated Motion to Modify
Schedule are twofold. First, Novell has recently requested some additional time in light
of having retained new counsel. Second, Novell and SoftVault have scheduled a
mediation for June 5, 2013, and approving the modifications requested in this Stipulated
Motion to Modify Schedule will increase the likelihood that the dispute may be resolved
before substantive engagement of the issues by the Court.
2. On May 1, 2013, Novell and SoftVault stipulated to modify certain deadlines contained
in the Court’s February 24, 2013 Scheduling Order.
3. The modifications requested by the Motion to Modify Schedule will not affect the
schedule for the Action other than as set forth in the Motion to Modify Schedule.

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/s/ Karen Boyd

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Karen Boyd

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Karen I. Boyd
[e-mail]
TURNER BOYD LLP
2570 W. El Camino Real, Suite 380
Mountain View, California 94040
Telephone: [phone]
Facsimile: [phone]

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Respectfully Submitted,

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TURNER BOYD LLP

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Dated: May 29, 2013

/s/ Karen I. Boyd
Karen I. Boyd (SBN 189808)
[e-mail]
Zhuanjia Gu (SBN 244863)
[e-mail]
TURNER BOYD LLP
2570 W. El Camino Real, Suite 380
Mountain View, California 94040
Telephone: [phone]
Facsimile: [phone]

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STIPULATED MOTION TO MODIFY
SCHEDULE

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CASE NO. 5:12-CV-05541-LHK