STC.UNM v. Intel Corporation

Filing 74

Unopposed MOTION to Extend (other) Scheduling Order and Extend Claim Construction Deadlines by Intel Corporation. (Rodriguez, Justin)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
STC.UNM,
Plaintiff,
v.
INTEL CORPORATION,

No. 10-CV-01077-RB-WDS

Defendant.

UNOPPOSED JOINT MOTION TO AMEND SCHEDULING ORDER
[DOC. NO. 47] AND EXTEND CLAIM CONSTRUCTION DEADLINES
The parties hereby respectfully request the Court enter its Order amending the March 2,
2011 Scheduling Order [Doc. No. 47] and extending the deadlines for the exchange of claim
constructions and claim construction briefs. Amendment of the Scheduling Order as proposed
by the parties herein will not result in a delay in the timely disposition of this case and does not
change the current fact or expert discovery cutoffs previously set by the Court. By requesting
this amendment of the Scheduling Order, the parties are only requesting that the Court extend the
following three deadlines which all relate to the exchange and briefing of claim constructions:
(1) the deadline for the parties’ exchange of claims terms and proposed constructions (from April
15 to April 29, 2011); (2) the deadline for the parties’ initial claim construction briefs (from May
13 to June 10, 2011) and (3) the deadline for the parties’ responsive claim construction briefs
(from June 15 to July 15, 2011).
Based on the parties’ understanding of the Presiding Judge’s schedule, it is not likely that
the claim construction hearing in this case will take place before October or November of 2011.
Accordingly, it is in the best interests of all parties and the Court that the respective deadlines for
the exchange of claims constructions and claim construction briefs be extended so that briefing is

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completed closer to the time of the construction hearing and after the parties have had an
opportunity to complete further discovery.
Pursuant to D.N.M. LR-Civ. 7.1(a), this Motion is jointly made on behalf of all parties to
this litigation and is unopposed. The parties agree that due to the likely date of the claim
construction hearing, good cause exists to extend the present deadlines for the exchange and
briefing of claims constructions.
WHEREFORE, for the reasons set forth above, the parties respectfully request that the
Court enter its Order amending the March 2, 2011 Scheduling Order [Doc. No. 47] and
extending the deadlines for the parties’ exchange of claim construction and construction briefs.
Respectfully submitted,
ATKINSON, THAL & BAKER, P.C.
/s/ Clifford K. Atkinson
Clifford K. Atkinson
Douglas A. Baker
Justin D. Rodriguez
201 Third St. NW, Suite 1850
Albuquerque, New Mexico 87102
[phone]
Robert A. Van Nest
Brian L. Ferrall
KEKER & VAN NEST LLP
Chad S. Campbell
Jonathan M. James
Timothy J. Franks
Mark E. Strickland
Jonathan L. McFarland
PERKINS COIE LLP
Attorneys for Defendant
Intel Corporation
-AND-

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/s/ Steven R. Pedersen
Deron B. Knoner, Esq.
KELEHER & MCLEOD, P.A.
PO Box AA
Albuquerque, NM 87103
[phone]
George C. Summerfield, Esq.
Joseph A. Grear, Esq.
Keith A. Vogt, Esq.
Rolf O. Stadheim, Esq.
Steven R. Pedersen, Esq.
STADHEIM & GREAR, LTD.
Attorneys for Plaintiff
STC.UNM
CERTIFICATE OF SERVICE
The undersigned certifies that on the 15th day of April, 2011 the foregoing was filed
electronically through the CM/ECF system, which caused all parties or counsel to be served by
electronic means.
/s/ Justin D. Rodriguez
Justin D. Rodriguez

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