Filed: Jun. 16, 2017
Latest Update: Jun. 16, 2017
Summary: JOINT STIPULATION TO AMEND CASE SCHEDULE; [PROPOSED] ORDER JON S. TIGAR , District Judge . Plaintiff Asetek Danmark A/S ("Asetek") and Defendants Newegg Inc. and Newegg North America Inc. ("Newegg") jointly stipulate, with the Court's permission, to amend the Case Schedule (Dkt. 38), as provided in the table below. This stipulation (if granted) will not affect the Court's previously scheduled claim construction hearing date, but only intervening dates that should not affect the Court.
Summary: JOINT STIPULATION TO AMEND CASE SCHEDULE; [PROPOSED] ORDER JON S. TIGAR , District Judge . Plaintiff Asetek Danmark A/S ("Asetek") and Defendants Newegg Inc. and Newegg North America Inc. ("Newegg") jointly stipulate, with the Court's permission, to amend the Case Schedule (Dkt. 38), as provided in the table below. This stipulation (if granted) will not affect the Court's previously scheduled claim construction hearing date, but only intervening dates that should not affect the Court. ..
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JOINT STIPULATION TO AMEND CASE SCHEDULE; [PROPOSED] ORDER
JON S. TIGAR, District Judge.
Plaintiff Asetek Danmark A/S ("Asetek") and Defendants Newegg Inc. and Newegg North America Inc. ("Newegg") jointly stipulate, with the Court's permission, to amend the Case Schedule (Dkt. 38), as provided in the table below. This stipulation (if granted) will not affect the Court's previously scheduled claim construction hearing date, but only intervening dates that should not affect the Court.
The patents-in-suit (U.S. Patent Nos. 8,240,362 and 8,245,764) are the same as the patents-in-suit in Asia Vital Components Co. Ltd. v. Asetek Danmark A/S, Case No. 3:16-cv-07160-JST ("the AVC Case"). The claim construction hearing for both the AVC Case and this case are set for the same date and time, November 7, 2017 at 1:30 p.m.
Counsel for the parties to this action continue to engage in informal settlement discussions, and a settlement conference with Magistrate Judge Kim is calendared for July 11, 2017. In view of these ongoing settlement discussions, and mindful of the Court's recent order in the AVC Case granting AVC a one-month extension until June 30, 2017 to serve invalidity contentions (and making additional scheduling modifications that do not affect the claim construction hearing date), the parties stipulate and respectfully request that the Court similarly amend the schedule in this case as provided in the table below:
Event Current Schedule Proposed Schedule
Invalidity Contentions May 30, 2017 June 30, 2017
Exchange of Proposed Terms for Construction June 13, 2017 August 4, 2017
Exchange of Preliminary Claim Constructions and August 4, 2017 August 18, 2017
Extrinsic Evidence
Deadline to file Joint Claim Construction and August 15, 2017 August 25, 2017
Prehearing Statement
Damages Contentions August 8, 2017 September 1, 2017
Claim Construction Discovery Cutoff September 14, 2017 Same (No Change)
Deadline to file Opening Claim Construction Brief September 22, 2017 Same (No Change)
Responsive Damages Contentions September 7, 2017 September 29, 2017
Deadline to file Responsive Claim Construction October 6, 2017 Same (No Change)
Brief
Deadline to file Reply in Support of Opening Claim October 13, 2017 Same (No Change)
Construction Brief (Local Rule — 7 days after
Responsive Brief)
Claim Construction Hearing November 7, 2017 Same (No Change)
at 1:30 PM
ATTESTATION
I, Robert F. McCauley, hereby attest that concurrence in the filing of the document has been obtained from counsel for Newegg Inc. and Newegg North America, Inc.
Dated: June 14, 2017 FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
By: /s/Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiff
Asetek Danmark A/S
[PROPOSED] ORDER
Pursuant to the parties' Stipulation AND FOR GOOD CAUSE SHOWN, the Court adopts the parties' proposed revised schedule as set forth in the Stipulation above.
IT IS SO ORDERED.
