National Products, Inc v. Lifedge Ltd et al

Filing 22

STIPULATED MOTION AND ORDER REQUESTING RELIEF FROM DEADLINE TO FILE JOINT SUBMISSION OF POTENTIAL TECHNICAL ADVISORS by Judge Robert S. Lasnik.(TF)

The Honorable Robert S. Lasnik

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9

NATIONAL PRODUCTS, INC.,

10
11
12
13

Case No. 2:12-cv-01865

Plaintiff,
v.
LIFEDGE LTD. and SCANSTRUT LTD.,

STIPULATED MOTION AND ORDER
REQUESTING RELIEF FROM
DEADLINE TO FILE JOINT
SUBMISSION OF POTENTIAL
TECHNICAL ADVISORS

Defendants.
Note On Motion Calendar:
April 15, 2013

14
15
16

Plaintiff National Products, Inc. (“NPI”) and Defendants Lifedge Ltd. and Scanstrut
17
Ltd. (collectively, “Defendants”) respectfully stipulate and move for relief from the Court’s
18
April 22, 2013 deadline for the parties to jointly submit the resumes of three qualified
19
individuals who are willing to serve as a technical advisor in this matter. See Dkt. No. 20,
20
Minute Order Setting Trial Date & Related Dates.
21
The parties believe that a technical advisor is unnecessary. The technology covered
22
by the patent asserted in this action is uncomplicated and should not be difficult for the Court
23
to understand. U.S. Patent No. 7,495,895 (“the ’895 patent”) is generally directed to a
24
protective cover for a touch sensitive device, such as an iPad. See Dkt. No. 1, Ex. A. This is
25
a purely mechanical invention, and the parties agree that no specialized technical expertise
26
STIPULATED MOTION REQUESTING RELIEF
FROM DEADLINE AND [PROPOSED] ORDER - 1 Case No. 2:12-CV-01865

FENWICK & W EST LLP
1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, W ASHINGTON 98101
TELEPHONE [phone]
FACSIMILE 206.389.4511

1

(i.e., knowledge of engineering, chemistry, or other scientific subject) is required for the

2

Court to understand the single claim asserted by NPI in this patent infringement lawsuit. In

3

addition, locating three neutral technical experts in this field will be difficult and expensive.

4

For these reasons, NPI and Defendants respectfully request that the Court relieve the

5

parties from the April 22, 2013 deadline to jointly submit potential technical advisors.

6
7

RESPECTFULLY SUBMITTED this 15th day of April, 2013.

8
9
10
11
12
13
14
15
16
17
18

By: s/Ewa M. Davison
David K. Tellekson, WSBA No. 33523
Ewa M. Davison, WSBA No. 39524
Jeffrey A. Ware, WSBA No. 43779
1191 Second Avenue, 10th Floor
Seattle, Washington 98101
Phone:
206-389-4510
Fax:
206-389-4511
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
National Products, Inc.

By: s/Gina Vogel Culbert
Gina Vogel Culbert, WSBA No. 30213
Allison S. Wallin, WSBA No. 24285
Columbia Center
701 Fifth Avenue, Suite 4100
Seattle, Washington 98104
Phone:
206-342-6259
Fax:
206-342-6201
Email:
[e-mail]
[e-mail]
Attorneys for Defendants
Lifedge Ltd. and Scanstrut Ltd.

19
20
21
22
23
24
25
26
STIPULATED MOTION REQUESTING RELIEF
FROM DEADLINE AND [PROPOSED] ORDER - 2 Case No. 2:12-CV-01865

FENWICK & W EST LLP
1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, W ASHINGTON 98101
TELEPHONE [phone]
FACSIMILE 206.389.4511

1
2

ORDER
Based on the foregoing, IT IS SO ORDERED.

3
4

Dated this 23rd day of April, 2013.

5

A

6

Robert S. Lasnik
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
STIPULATED MOTION REQUESTING RELIEF
FROM DEADLINE AND [PROPOSED] ORDER - 3 Case No. 2:12-CV-01865

FENWICK & W EST LLP
1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, W ASHINGTON 98101
TELEPHONE [phone]
FACSIMILE 206.389.4511