Berall v. Verathon Inc. et al

Filing 336

ORDER granting 335 Letter Motion for Extension of Time to File. The extensions requested above are GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/17/2021) (mml)

Case 1:10-cv-05777-LAP Document 335 Filed 09/16/21 Page 1 of 2
336
09/17/21

601 Lexington Avenue
New York, NY 10022
United States

Ashley Ross
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September 16, 2021
VIA ECF
The Honorable Loretta A. Preska
United States District Judge
Southern District of New York, U.S.
Courthouse, Courtroom 12A
500 Pearl St.
New York, NY 10007-1312

Re:

Berall v. Verathon, Inc. et al., C.A. No. 1:10-cv-05777-LAP-DCF

Honorable Judge Preska:
Dr. Berall respectfully requests an extension of one week to submit his reply claim
construction brief. The current deadline is September 30. Under this proposal, the revised
deadline would be October 7. The reason for this request is to accommodate Defendant’s expert
Mr. Harold Walbrink’s schedule for deposition on his declaration (Dkt. 331) submitted in
support of Teleflex’s claim construction brief (Dkt. 330), while allowing Berall sufficient time to
incorporate that deposition testimony in his reply as applicable. Mr. Walbrink is unavailable to
sit for his deposition until September 28, only two days prior to Berall’s current deadline. Berall
submits that he would have insufficient time to address and incorporate the deposition testimony
in his reply under the current schedule, and submits that the requested extension would be
justified under the circumstances.
Counsel for the parties have conferred, and Teleflex agrees to the extension, provided
that Teleflex would likewise receive an an additional week (21 days after service of the reply,
compared to the current schedule which contemplates 14 days) to complete the deposition of any
expert whose testimony Berall submits in reply to Mr. Walbrink’s testimony, and to address such
testimony in a submission to the Court. The current deadline for Defendant to depose Berall’s
expert is October 14. Under this proposal, to which Berall agrees, the revised deadline would be
October 28.
In summary, the requested changes to the current schedule are as follows:
Austin

Bay Area

Beijing

Boston

Brussels

Chicago

Dallas

Hong Kong

Houston

London

Los Angeles

Munich

Paris

Shanghai

Washington, D.C.

Case 1:10-cv-05777-LAP Document 335 Filed 09/16/21 Page 2 of 2
336
09/17/21

The Honorable Loretta A. Preska
September 16, 2021
Page 2

Event
Dr. Berall to serve and file a
reply claim construction brief
pursuant to Local Patent Rule
12(c)
If Dr. Berall submits expert
testimony with his reply,
defendants to complete any
deposition of Dr. Berall’s
expert.

Current Deadline
Thursday, Sept. 30, 2021

Revised Deadline
Thursday, Oct. 7, 2021

Thursday, Oct. 14, 2021

Thursday, Oct. 28, 2021

The parties have not previously requested an extension of deadlines for claim
construction. These are the only currently set deadlines on the Scheduling Order (Dkt. 263) that
would be affected. We appreciate the Court’s consideration of this submission and ongoing
attention to this matter.
Sincerely,

/s/ Ashley L.B. Ross
Ashley L.B. Ross

The extensions requested above are GRANTED.
SO ORDERED.
cc:

Counsel of Record via ECF

Dated:

September 17, 2021
New York, New York

__________________________________
________________________________
LORETTA A. PRESKA, U.S.D.J.