Red Bend Software, Inc. et al v. Google

Filing 77

Joint MOTION for Extension of Time to Submit Claim Construction Briefing by Google Inc..(Magee, David)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. GOOGLE INC., Counterclaim-Plaintiff, v. RED BEND LTD. and RED BEND SOFTWARE INC., Counterclaim-Defendants. STIPULATED MOTION TO MODIFY CLAIM CONSTRUCTION BRIEFING SCHEDULE By this stipulated Motion, plaintiffs and defendant move this Court, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Rules 16.1 and 16.6, for an Order modifying the current claim construction briefing schedule, but leaving unchanged the date set for the Court's claim construction hearing. As grounds for this Motion, the parties state that there is good cause for a modification of the dates for filing and serving opening and reply claim construction briefs, and for the submission of the joint claim construction statement, because the production of certain documents that may be pertinent is ongoing, and the additional time will allow for the orderly deposition of the sole named inventor of the patent-in-suit. The parties propose the following modifications to the Court's May 10, 2010 Order: Description 1) Parties file Preliminary Claim Construction Briefs 2) Reply claim construction briefs Current Date June 11, 2010 June 25, 2010 Proposed Date June 25, 2010 July 2, 2010 CIVIL ACTION NO. 09-cv-11813

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Description 3) Parties file Joint Claim Construction and Prehearing Statement

Current Date July 2, 2010

Proposed Date July 6, 2010

All other dates in the May 10, 2010 scheduling order shall remain unchanged. WHEREFORE, the parties respectfully request that the Court grant this motion for extension for claim construction briefing to accommodate the additional contemplated discovery. Respectfully Submitted this 26th day of May 2010, RED BEND LTD, RED BEND SOFTWARE INC. By its attorneys, /s/ Jennifer C. Tempesta Daniel Cloherty (BBO# 565772) Dwyer & Collora, LLP 600 Atlantic Avenue - 12th Floor Boston, MA 02210-2211 Telephone: [phone] Facsimile: [phone] Robert C. Scheinfeld (admitted PHV) Eliot D. Williams (admitted PHV) Jennifer C. Tempesta (admitted PHV) Baker Botts, L.L.P. 30 Rockefeller Plaza 44th Floor New York, New York 10012-4498 Telephone: [phone] Facsimile: [phone] . GOOGLE, INC. By its attorneys, /s/ David M. Magee Jonathan M. Albano, BBO # 013850 [e-mail] David M. Magee, BBO # 652399 [e-mail] BINGHAM McCUTCHEN LLP One Federal Street Boston, MA 02110-1726, U.S.A. 617.951.8000 William F. Abrams [e-mail] BINGHAM McCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 650.849.4400 Robert C. Bertin [e-mail] Susan Baker Manning [e-mail] BINGHAM McCUTCHEN LLP 2020 K Street, NW Washington, DC 20006-1806 202.373.6000 .

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Certificate of Service I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants, by federal express, on May 26, 2010. /s/ David M. Magee David M. Magee, BBO # 652399

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