Google Inc. v. Traffic Information LLC

Filing 20

Motion for Extension of Discovery & PTO Deadlines [Titled: Joint Submission Regarding Scheduling and Request for Amendment of the Discovery and Pretrial Scheduling Order]. Filed by Google Inc.. (Markley, Julia)

Google Inc. v. Traffic Information LLC

Doc. 2

Julia E. Markley, OSB No. 000791 JMarkley@perkinsco ie.co m PERKINS COIE LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 Thomas H. Shunk (Ohio Bar No. 0025793) [e-mail] (admitted pro hac vice) Christina J. Moser (Ohio Bar No. 0074817) [e-mail] (admitted pro hac vice) BAKER & HOSTETLER LLP 3200 National Cit y Center 1900 East Ninth Street Cleveland, Ohio 44114-3485 Telephone: [phone] Facsimile: 216.696.0740 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF OREGON GOOGLE INC., Plaint iff, v. TRAFFIC INFORMATION LLC, Defendant. Plaint iff Google Inc. ("Google") and defendant Traffic Information, LLC ("Traffic") have conferred concerning amendment to the Discovery and Pretrial Scheduling Order [ECF #3], proposed dates for the conduct of this case, and also scheduling of a Local Rule 16.2 conference for scheduling and planning. 1-

No. CV09-642-HU JOINT SUBMISSION REGARDING SCHEDULING AND REQUEST FOR AMENDMENT OF THE DISCOVERY AND PRETRIAL SCHEDULING ORDER

JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL17095684.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone] Dockets.Justia.com

Despite their best efforts, the parties have been unsuccessful in reaching a mutuallyagreeable proposal. As such, the parties are submitting their respective proposals for the Court's consideration, as follows:
Event Google's Proposal Traffic's Proposal (All dates are only if the case is not dismissed or transferred) 30 days after ruling on motion to dismiss/transfer

Traffic deadline to respond to complaint if case is not dismissed or transferred Rule 26(f) Conference

Agreed

October 21, 2009 (concurrent with the hearing on the Motion to Dismiss or Transfer) Google recommends that the Court adopt deadlines for disclosure of contentions by both parties similar to those set out in the Patent Local Rules for the Northern District of California, Rules 3-1 through 3-7 December 30, 2009

30 days after close of pleadings

Google's disclosure of noninf ringement and invalidity contentions and production of supporting evidence

90 days after 26(f) conference

Parties exchange proposed claim terms

120 days after disclosure of invalidity contentions and production 60 days after exchange of claim terms

Parties submit Joint Claim Construction Chart setting out their respective positions Initial Markman Briefs exchanged simultaneously by the parties Response Markman Briefs exchanged simultaneously by the parties Markman Hearing (expected not to exceed two days)

January 27, 2010

February 10, 2010

45 days after submission of joint chart 30 days after opening briefs

March 3, 2010

At the convenience of the Court. March 22, 2010, is respectfully suggested.

At the court's convenience after close of briefing

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JOINT SUBMISSION REGARDING SCHEDULING

41063-00124/LEGAL17095684.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

Event

Google's Proposal

Traffic's Proposal (All dates are only if the case is not dismissed or transferred) 30 days after Claim Construction Ruling

Google's deadline to amend noninf ringement and invalidity contentions and supporting evidence only for good cause shown in view of Claim Construction Ruling

Google recommends that the Court adopt deadlines for disclosure of contentions by both parties similar to those set out in the Patent Local Rules for the Northern District of California, Rules 3-1 through 3-7 April 30, 2010

Close of Fact Discovery

90 days after Claim Construction Ruling At the Court's convenience.

Court's Ruling on claim construction issues Exchange of Expert Reports on issues for which the parties bear the burden of proof Exchange of Rebuttal Expert Reports Close of Expert Discovery

At the Court's convenience.

30 days after Claim Construction Ruling

Agreed

60 days after Claim Construction Ruling 90 days after Claim Construction Ruling 150 days after Claim Construction Ruling

Agreed

Agreed

Dispositive Motions due; each party limited to total of 50 pages of opening summary judgment briefing Response Briefs regarding dispositive motions due; each party limited to total of 50 pages of response summary judgment briefing Reply Briefs regarding dispositive motions due; each party limited to total of 35 pages of reply summary judgment briefing Joint Alternate Dispute Resolution Report due

Agreed

180 days after Claim Construction Ruling

Agreed

194 days after Claim Construction Ruling

210 days after Claim Construction Ruling

December 5, 2010

240 days after Claim Construction Ruling

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JOINT SUBMISSION REGARDING SCHEDULING

41063-00124/LEGAL17095684.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

Event

Google's Proposal

Traffic's Proposal (All dates are only if the case is not dismissed or transferred) 270 days after Claim Construction Ruling

Pretrial Order due

December 5, 2010

Pursuant to the Discovery and Pretrial Scheduling Order in this case issued June 2, 2009 [ECF #3], discovery is to be completed by October 7, 2009, and the Joint Alternate Dispute Resolution Report and Pretrial Order are due by November 6, 2009. The parties request that the Court extend the deadlines set out in the June 2, 2009 Order. The parties represent that the above-requested amendment to the current schedule is necessitated by the fact that service of the Complaint on the Defendant was delayed due to good faith negotiations between the parties after the filing of the matter; the parties' time has been taken up to date in briefing the Defendant's Motion to Dismiss/Transfer; and this matter, involving allegations relating to patent infringement and validity, requires the preparation set out above by the parties.

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JOINT SUBMISSION REGARDING SCHEDULING

41063-00124/LEGAL17095684.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

Pursuant to Local Rule 100.6, all parties consent to the electronically filed signatures on this document. DATED: October 7, 2009 Respect fully submitted, ____/s/ Thomas H. Shunk____________ Thomas H. Shunk (Ohio Bar No. 0025793) Christ ina J. Moser (Ohio Bar No. 0074817) BAKER & HOSTETLER LLP 3200 National Cit y Center 1900 East Ninth Street Cleveland, Ohio 44114-3485 Telephone: [phone] Facsimile: 216.696.0740 (admitted pro hac vice) ___/s/ Julia E. Markley___________ Julia E. Markley, OSB No. 000791 JMarkley@perkinsco ie.co m PERKINS COIE LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 Attorneys for Plaintiff ____/s/ C. Dale Quisenberry________ C. Dale Quisenberry John T. Polasek Jeffrey S. David POLASEK, QUISENBERRY & ERRINGTON, L.L.P. 6750 West Loop South, Suite 920 Bellaire, Texas 77401 Telephone: [phone] Facsimile: [phone]

5-

JOINT SUBMISSION REGARDING SCHEDULING

41063-00124/LEGAL17095684.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

_____/s/ Robert A. Shlachter________ Robert A. Shlachter, OSB No. 911718 Timothy S. DeJong, OSB No. 940662 STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. Oak Street, Fifth Floor Portland, Oregon 97204 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

6-

JOINT SUBMISSION REGARDING SCHEDULING

41063-00124/LEGAL17095684.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]