Filed: Nov. 09, 2018
Latest Update: Nov. 09, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE RICHARD SEEBORG , District Judge . Plaintiff Vendavo, Inc. ("Vendavo") and defendants Price f(x), Inc. and Price f(x) AG (together, "PFX") hereby stipulate and respectfully request that the Court modify the Markman Scheduling Order under the Patent Local Rules as follows. The Parties believe that the claim construction portion of this case would be made dramatically more efficient if the Parties are granted time to
Summary: STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE RICHARD SEEBORG , District Judge . Plaintiff Vendavo, Inc. ("Vendavo") and defendants Price f(x), Inc. and Price f(x) AG (together, "PFX") hereby stipulate and respectfully request that the Court modify the Markman Scheduling Order under the Patent Local Rules as follows. The Parties believe that the claim construction portion of this case would be made dramatically more efficient if the Parties are granted time to m..
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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
RICHARD SEEBORG, District Judge.
Plaintiff Vendavo, Inc. ("Vendavo") and defendants Price f(x), Inc. and Price f(x) AG (together, "PFX") hereby stipulate and respectfully request that the Court modify the Markman Scheduling Order under the Patent Local Rules as follows. The Parties believe that the claim construction portion of this case would be made dramatically more efficient if the Parties are granted time to mutually supplement their infringement and invalidity contentions so as to provide one another with greater detail in their respective contentions. The software products at issue are complex, and the Parties' agreement to supplement their contentions will avoid protracted motion practice about the adequacy of their respective contentions.
Therefore, the Parties agree that the following schedule would enable Vendavo to provide more detailed infringement contentions, and PFX to provide more detailed invalidity contentions. Because a trial date has not yet been set, this change in the Markman process would not have an impact on other dates in the case.
In light of the time that the Parties will need to prepare such amended contentions, and to analyze one another's contentions before entering into the claim construction process, the Parties respectfully request that the Court amend the existing schedule as follows:
Event Deadline
Plaintiff to serve patent infringement contentions pursuant to Patent 1/10/2019
L.R. 3-1 and 3-2
Defendant to serve patent invalidity contentions pursuant to Patent 2/21/2019
L.R. 3-3 and 3-4
Exchange of Proposed Terms for Construction pursuant to Patent 3/7/2019
L.R. 4-1
Exchange of Preliminary Claim Construction and Extrinsic 3/21/2019
Evidence pursuant to Patent L.R. 4-2
Plaintiff to serve damages contentions pursuant to Patent L.R. 3-8 3/28/2019
Joint Claim Construction and Prehearing Statement due pursuant to 4/11/2019
Patent L.R. 4-3
Defendants to serve responsive damages contentions pursuant to 4/18/2019
Patent L.R. 3-9
Date to Complete Claim Construction Discovery pursuant to Patent 5/2/2019
L.R. 4-4
Plaintiff's Opening Claim Construction Brief due 5/9/2019
Defendants' Responsive Claim Construction Brief due 5/30/2019
Plaintiff's Reply Claim Construction Brief due 6/20/2019
Markman Hearing 7/19/2019
Filer's Attestation: I, L. Scott Oliver, am the ECF User whose User ID and password are being used to file this Stipulation. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that I have obtained concurrence in the filing of this document from the above-listed signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
