Filed: May 28, 2015
Latest Update: May 28, 2015
Summary: SIXTH STIPULATED REQUEST FOR ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2, [] ORDER, AND DECLARATION OF TERI H.P. NGUYEN IN SUPPORT THEREOF RONALD M. WHYTE , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between the Counter-Plaintiffs F5 Networks, Inc. ("F5") and Counter-Defendants Radware Ltd. and Radware, Inc. ("Radware"), that the schedule controlling claim construction should be extended, subject to the approval of this Court in consideration of the following facts: W
Summary: SIXTH STIPULATED REQUEST FOR ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2, [] ORDER, AND DECLARATION OF TERI H.P. NGUYEN IN SUPPORT THEREOF RONALD M. WHYTE , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between the Counter-Plaintiffs F5 Networks, Inc. ("F5") and Counter-Defendants Radware Ltd. and Radware, Inc. ("Radware"), that the schedule controlling claim construction should be extended, subject to the approval of this Court in consideration of the following facts: WH..
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SIXTH STIPULATED REQUEST FOR ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2, [] ORDER, AND DECLARATION OF TERI H.P. NGUYEN IN SUPPORT THEREOF
RONALD M. WHYTE, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between the Counter-Plaintiffs F5 Networks, Inc. ("F5") and Counter-Defendants Radware Ltd. and Radware, Inc. ("Radware"), that the schedule controlling claim construction should be extended, subject to the approval of this Court in consideration of the following facts:
WHEREAS, counsel for parties stipulated to extend claim construction briefing and the Court issued an Order Granting parties' Fifth Stipulated Request for Order Enlarging Time Pursuant to Civil L.R. 6-2 on February 23, 2015 (Dkt. No. 169);
WHEREAS, Radware's position is that its Preliminary Invalidity Contentions and Preliminary Claim Constructions are, in part, contingent on F5's response to certain interrogatory requests;
WHEREAS, counsel for F5 has requested an additional extension to respond to said interrogatory requests;
WHEREAS, the parties require additional time to comply with their respective claim construction obligations;
WHEREAS, the parties stipulate to continue further events in the claim construction proceedings in accordance with the chart infra;
WHEREAS, the remaining dates are adjusted and recalculated for events that key off the date for service of Radware's Preliminary Invalidity Contentions, and the new currently proposed dates are summarized in the chart infra;
WHEREAS, the undersigned counsel met, conferred and agreed to change the dates as follows in order to explore resolution of the Counterclaims asserted against Radware and to explore resolution and prepare expert reports for the claims asserted against F5;
WHEREAS, stipulated extended dates reflected below will be subtracted from the calculation of dates currently on calendar so that the stipulated extended dates will not impact those remaining dates:
Event Current Date New Date
Parties to exchange proposed Preliminary April 1, 2015 June 1, 2015
claim constructions with identification of
all references for support. PLR 4.2(a)(b)
Deadline to meet and confer to narrow the April 8, 2015 June 8, 2015
issues and finalize preparation of Joint
Claim Construction and Prehearing
Statement. PLR 4.2(c)
Joint Claim Construction Prehearing April 16, 2015 June 16, 2015
Statement due. PLR 4-3
Claim construction discovery closes. PLR May 20, 2015 July 20, 2015
4-4
Counter-Plaintiff to file and serve Opening May 27, 2015 July 27, 2015
Markman Brief with supporting evidence
(including expert declarations) regarding
claim construction. PLR 4-5(a)
Opening summary judgment briefs that
relate to claim constructions also due
Counter-Defendants to file and serve June 11, 2015 August 11, 2015
Responsive Markman Brief with
supporting evidence (including expert
declarations) regarding claim construction.
PLR 4-5(b)
Responsive summary judgment briefs due
Parties to file and serve Reply Markman June 25, 2015 August 25, 2015
Brief with supporting evidence (including
expert declarations) regarding claim
construction. PLR 4-5(c)
Reply summary judgment briefs due
Technology Tutorial July 10, 2015 September 10, 2015
Markman Hearing July 10, 2015 September 10, 2015
Summary Judgment Hearing
Markman Order TBD TBD
WHEREAS, no other dates for this case have been set by the Court.
NOW THEREFORE, IT IS STIPULATED, AGREED AND ORDERED that the dates through Markman Hearing are as follows:
Event New Date
Parties to exchange proposed Preliminary claim constructions with June 1, 2015
identification of all references for support. PLR 4.2(a)(b)
Deadline to meet and confer to narrow the issues and finalize June 8, 2015
preparation of Joint Claim Construction and Prehearing Statement.
PLR 4.2(c)
Joint Claim Construction Prehearing Statement due. PLR 4-3 June 16, 2015
Claim construction discovery closes. PLR 4-4 July 20, 2015
Counter-Plaintiff to file and serve Opening Markman Brief with July 27, 2015
supporting evidence (including expert declarations) regarding claim
construction. PLR 4-5(a)
Opening summary judgment briefs that relate to claim constructions
also due
Counter-Defendants to file and serve Responsive Markman Brief with August 11, 2015
supporting evidence (including expert declarations) regarding claim
construction. PLR 4-5(b)
Responsive summary judgment briefs due
Parties to file and serve Reply Markman Brief with supporting August 25, 2015
evidence (including expert declarations) regarding claim construction.
PLR 4-5(c)
Reply summary judgment briefs due
Technology Tutorial September 10, 2015
Markman Hearing September 10, 2015
Summary Judgment Hearing
Markman Order TBD
SO STIPULATED.
[] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DECLARATION OF TERI H.P. NGUYEN
I, Teri H.P. Nguyen, declare as follows:
1. I am an attorney with the law firm of McDermott, Will & Emery LLP, counsel of record for Plaintiffs and Counter-Defendants Radware, Ltd. and Radware, Inc. (collectively, "Radware") in this action. I am admitted to practice law in the State of California. I have personal knowledge of the facts stated herein, and I could and would testify competently to those facts if called as a witness.
2. Counsel for F5 and Radware counsel have met, conferred and agreed that, subject to the Court's approval, the dates up through and including the Markman Hearing should be as follows:
Event New Date
Parties to exchange proposed Preliminary claim constructions with May 1, 2015
identification of all references for support. PLR 4.2(a)(b)
Deadline to meet and confer to narrow the issues and finalize May 8, 2015
preparation of Joint Claim Construction and Prehearing Statement.
PLR 4.2(c)
Joint Claim Construction Prehearing Statement due. PLR 4-3 May 16, 2015
Claim construction discovery closes. PLR 4-4 June 20, 2015
Counter-Plaintiff to file and serve Opening Markman Brief with June 27, 2015
supporting evidence (including expert declarations) regarding claim
construction. PLR 4-5(a)
Opening summary judgment briefs that relate to claim constructions
also due
Counter-Defendants to file and serve Responsive Markman Brief with July 11, 2015
supporting evidence (including expert declarations) regarding claim
construction. PLR 4-5(b)
Responsive summary judgment briefs due
Parties to file and serve Reply Markman Brief with supporting July 25, 2015
evidence (including expert declarations) regarding claim construction.
PLR 4-5(c)
Reply summary judgment briefs due
Technology Tutorial August 10, 2015
Markman Hearing August 10, 2015
Summary Judgment Hearing
Markman Order TBD
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.