Server Technology, Inc. v. American Power Conversion Corporation

Filing 152

ORDER APPROVING 149 parties' Stipulation for an extension of time for parties to file their answering and reply briefs. ( Answering brief due by 1/5/2009, Reply brief due by 1/12/2009.) Signed by Judge Larry R. Hicks on 1/5/09. (Copies have been distributed pursuant to the NEF - SL)

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Robert C. Ryan, Esq. (Nevada SBN 7164) HOLLAND & HART LLP 1 East Liberty Street, 6th Floor Reno, Nevada 89504 Telephone: [phone] Fax: [phone] E-mail: [e-mail] James E. Hartley Holland & Hart LLP 555 Seventeenth Street, Suite 3200 Denver, Colorado, 80202-3979 Telephone [phone] Fax: [phone] E-mail [e-mail]

Raymond P. Niro, Esq. Matthew G. McAndrews, Esq. Frederick C. Laney, Esq. Nicholas N. Dudziak, Esq. NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, 46th Floor Chicago, Illinois 60602 Telephone: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff SERVER TECHNOLOGY, INC.

William E. Peterson (Nevada SBN 1528) Janine Prupas (Nevada SBN 9156) MORRIS PICKERING & PETERSON 6100 Neil Road Suite 555 Reno, Nevada 89511 Telephone [phone] Facsimile: [phone] [e-mail] [e-mail]

Raymond N. Nimrod Terrence J. Truax Kristopher R. Kiel JENNER & BLOCK LLP 330 N. Wabash Chicago, Illinois 60611 Attorneys for Defendant and Counterclaimant AMERICAN POWER CONVERSION CORPORATION

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SERVER TECHNOLOGY, INC., Plaintiff and Counterdefendant, v. AMERICAN POWER CONVERSION CORPORATION, Defendant and Counterclaimant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:06-CV-00698-LRH-(VPC) JOINT STIPULATION REGARDING AN EXTENSION OF TIME FOR POST-HEARING BRIEFING ON CLAIM CONSTRUCTION ISSUES AND ORDER

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The parties to the above-captioned action submit this Joint Stipulation and Proposed Order Regarding The Schedule For Post-Hearing Briefing On Claim Construction Issues, in which the parties stipulate to an extension of time of six days from December 30 to Monday January 5 in which the parties may file their briefs in response to the Proposed Orders submitted to the Court on December 5, 2008. The parties have conferred to discuss the schedule for post-hearing briefs, and the parties stipulate that, in light of the holiday schedule, an extension of time of six days from December 30 to Monday January 5 in which the parties may file their response briefs is warranted. The parties also agree that reply briefs should remain due on January 12, as previously scheduled by the Court. Thus, the stipulated extension of time for response briefs will not alter the time in which all briefing on claim construction issues is complete. Accordingly, the parties request that the Court enter the attached Order giving effect to the parties' stipulation to submit their response briefs on January 5, and their reply briefs on January 12.

By: /s/ Raymond N. Nimrod. William E. Peterson Janine Prupas MORRIS PICKERING & PETERSON 6100 Neil Road, Suite 555 Reno, Nevada 89511 Raymond N. Nimrod Terrence J. Truax Kristopher R. Kiel JENNER & BLOCK LLP 330 N. Wabash Chicago, Illinois 60611 Attorneys for Defendant AMERICAN POWER CONVERSION CORPORATION Dated: December 30, 2008

By: /s/ Matthew G. McAndrews (with consent) Raymond P. Niro, Esq. Matthew G. McAndrews, Esq. Frederick C. Laney, Esq. Nicholas N. Dudziak, Esq. NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, 46th Floor Chicago, Illinois 60602 Robert C. Ryan, Esq. HOLLAND & HART LLP 1 East Liberty Street, 6th Floor Reno, Nevada 89504 Attorneys For Plaintiff SERVER TECHNOLOGY, INC. Dated: December 30, 2008 2

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ORDER OF THE COURT Upon review of the Joint Submission of the parties, submitted December 30, 2008, the Court finds that the requested extension is appropriate. Therefore, IT IS SO ORDERED that the revised schedule for Post-Hearing Briefing On Claim Construction Issues is as set forth below: (1) The parties' responses to the Proposed Orders submitted to the Court, which

responses were previously scheduled to be filed on December 30, 2008, shall be due to the Court on January 5, 2009; (2) The scheduled due date for the parties' reply briefs shall remain unchanged, and

reply briefs shall be due to the Court as previously scheduled on January 12, 2009.

Dated: __________________ DATED: January 5, 2009. ____________________________

Larry R. Hicks United States District Judge

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