STC.UNM v. Intel Corporation

Filing 74

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

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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 552534.01 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 (505) 764-8111 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- 552534.01 2 /s/ Steven R. Pedersen Deron B. Knoner, Esq. KELEHER & MCLEOD, P.A. PO Box AA Albuquerque, NM 87103 (505) 842-9150 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 552534.01 3

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