Filed: Mar. 29, 2017
Latest Update: Mar. 29, 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. No.34), as provided in the table below. The patents-in-suit in this action (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
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. No.34), as provided in the table below. The patents-in-suit in this action (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/..
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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. No.34), as provided in the table below.
The patents-in-suit in this action (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"), in which this Court entered a case schedule last week that set dates through the claim construction hearing. The schedules in this case and the AVC case are different, with the claim construction hearing in this case set for October 16, 2017, and the claim construction hearing in the AVC case set for November 7, 2017. In order to provide the parties additional time to engage in their ongoing settlement negotiations and efforts to informally resolve this case (and ADR if needed), and recognizing the benefit to the Court in holding construction hearings in both cases on the same date, the parties respectfully request and stipulate that the Court modify the schedule in the current case as provided below (to generally track the schedule in the AVC case), and so that the claim construction hearing in this case is set for the date as in the AVC case, as provided below:
Event Current Schedule Proposed Schedule
Stipulated ESI order or competing proposed ESI March 29, 2017 April 28, 2017
orders due
Infringement Contentions & Accompanying April 05, 2017 May 15, 2017
Production
Invalidity Contentions & Accompanying May 19, 2017 May 30, 2017
Production
Exchange of Terms for Construction June 02, 2017 June 13, 2017
Exchange of Preliminary Constructions and June 23, 2017 August 4, 2017
Extrinsic Evidence
Damages Contentions July 07, 2017 August 08, 2017
Joint Claim Construction & Prehearing Statement July 18, 2017 August 15, 2017
Deadline to amend the pleadings July 26, 2017 August 15, 2017
Responsive Damages Contentions August 04, 2017 September 07, 2017
Claim construction discovery cut-off August 17, 2017 September 14, 2017
Asetek's Opening Claim Construction Brief September 01, 2017 September 22, 2017
Newegg's Responsive Claim Construction Brief September 15, 2017 October 6, 2017
Asetek's Reply Claim Construction Brief September 22, 2017 October 13, 2017
Claim construction hearing October 16, 2017 at November 7, 2017 at
2:00 p.m. 1:30 p.m.
Although the Court's schedule for this action included deadlines for various events following claim construction and through trial, the parties respectfully stipulate and suggest that those dates be vacated and that new dates for same be set following receipt of the claim construction order in this action.
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.
[PROPOSED] ORDER
Pursuant to the parties' stipulation, the parties' stipulation is GRANTED. The Court adopts the parties' schedule as set forth in the Stipulation above, and VACATES all dates following the claim construction hearing in the Court's prior scheduling Order in this action (Dkt 34).
IT IS SO ORDERED.
