Cogent Medicine Inc. v. Elsevier Inc

Filing 42

STIPULATION AND ORDER 41 Briefing Schedule Re: Motions to Dismiss Based on Patentable Subject Matter. Motion Hearing set for 9/19/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 7/8/14. (jgS, COURT STAFF) (Filed on 7/8/2014)

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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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COGENT MEDICINE INC.,
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Plaintiff,
STIPULATED BRIEFING SCHEDULE
RE: MOTIONS TO DISMISS BASED ON
PATENTABLE SUBJECT MATTER AND
[] ORDER

v.

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ELSEVIER, INC.,
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Defendant.
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COGENT MEDICINE INC.,

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Plaintiff,
v.

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JOHN WILEY & SONS, INC. and
JOHN WILEY & SONS LTD.,

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Defendants.

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COGENT MEDICINE INC.,
Plaintiff,

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v.
PHYSICIANS INTERACTIVE
HOLDINGS, INC., PHYSICIANS
INTERACTIVE, INC., AND
SKYSCAPE.COM, INC.,

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Defendants.
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Case Nos. C-13-4479-RMW, -4483, -4486

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WHEREAS, on January 27, 2014, defendants Elsevier, Inc. (“Elsevier”) and John
Wiley & Sons, Inc. and John Wiley & Sons, Ltd. (collectively, “John Wiley”) filed motions
to dismiss Plaintiff Cogent Medicine, Inc’s complaints against them based on allegations
that the patent asserted was invalid for failure to claim patentable subject matter;

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WHEREAS, on March 28, 2014, this Court issued an order staying the abovecaptioned cases until the Supreme Court issued an opinion in Alice Corporation v. CLS Bank
International (Dkt. #37) (hereafter, “Stay Order”);

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WHEREAS, the Supreme Court issued its opinion in CLS Bank on June 19, 2014;

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WHEREAS, on June 25, 2014, the parties met and conferred on a briefing schedule
for motions to dismiss / motions for summary judgment based on patentable subject matter;

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NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned
parties, through their respective counsel of record, pursuant to the Stay Order, the following:

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Event

Deadline

Deadline for Defendants Elsevier and John Wiley to file a
supplemental brief in support of their motions to dismiss based on
patentable subject matter (not to exceed 5 pages in length)

August 4, 2014

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Deadline for Defendants Physicians Interactive Holdings, Inc.,
Physicians Interactive, Inc., and Skyscape.com, Inc. (collectively,
“Skyscape”) to file a summary judgment motion based on
patentable subject matter

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Deadline for Plaintiff to file a supplemental brief in opposition to
Defendants Elsevier and John Wiley’s motions to dismiss based on
patentable subject matter (not to exceed 5 pages in length)

August 18, 2014

Deadline for Plaintiff to file an opposition to any summary
judgment motion based on patentable subject matter filed by
Skyscape

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Deadline for Defendants Elsevier and John Wiley to file a
supplemental reply brief in support of their motions to dismiss
based on patentable subject matter (not to exceed 3 pages in length)

August 25, 2014

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Deadline for Skyscape Defendants to file a reply brief in support of
any motion for summary judgment based on patentable subject
matter

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Hearing on Defendants’ motions based on patentable subject matter

September 19, 2014 at
9:00 a.m.

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Respectfully submitted,

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Dated: June 26, 2014

GUTRIDE SAFIER LLP

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/s/ Marie A. McCrary
/
Adam J. Gutride, Esq.
Seth A. Safier, Esq.
Anthony Patek, Esq.
Marie A. McCrary, Esq.
835 Douglass Street
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]

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/s/ Richard S. Zembek
/
Richard S. Zembek
Fulbright & Jaworski LLP
Telephone: [phone]
Facsimile: [phone]
[e-mail]
John A. O’Malley
David Ben-Meir
Daniel A. Prati
Sheila Kadura
Fulbright & Jaworski LLP
Attorneys for Defendants Elsevier,
Inc., John Wiley & Sons, Inc., and
John Wiley & Sons LLC

/s/ Sruli Yellin
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John H. Pearson, Jr.
PEARSON & PEARSON, LLP
Tel: [phone]
Fax: [phone]
[e-mail]

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David L. Larson
Sruli Yellin
MCDERMOTT WILL & EMERY
275 Middlefield Road, Suite 100
Menlo Park, CA 94025
Tel: [phone]
Fax:[phone]
Attorneys for Defendants Physicians
Interactive Holdings, Inc., Physicians
Interactive, Inc., and Skyscape.com,
Inc.

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IT IS SO ORDERED
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Dated:___________
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_______________________________
Hon. Ronald M. Whyte
U.S. District Judge