Filed: Feb. 24, 2015
Latest Update: Feb. 24, 2015
Summary: JOINT STIPULATION TO EXTEND CLAIM CONSTRUCTION DEADLINES AND [PROPOSED] ORDER EDWARD M. CHEN, District Judge. Plaintiff Capella Photonics, Inc. ("Capella"), and Defendants Tellabs Operations, Inc. ("Tellabs"), Coriant (USA) Inc. ("Coriant"), Cisco Systems, Inc. ("Cisco"), Fujitsu Network Communications, Inc. ("FNC"), and Ciena Corporation ("Ciena"), by and through their respective counsel, respectfully submit this Joint Stipulation to Extend Claim Construction Briefing. On October 7, 2014,
Summary: JOINT STIPULATION TO EXTEND CLAIM CONSTRUCTION DEADLINES AND [PROPOSED] ORDER EDWARD M. CHEN, District Judge. Plaintiff Capella Photonics, Inc. ("Capella"), and Defendants Tellabs Operations, Inc. ("Tellabs"), Coriant (USA) Inc. ("Coriant"), Cisco Systems, Inc. ("Cisco"), Fujitsu Network Communications, Inc. ("FNC"), and Ciena Corporation ("Ciena"), by and through their respective counsel, respectfully submit this Joint Stipulation to Extend Claim Construction Briefing. On October 7, 2014, t..
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JOINT STIPULATION TO EXTEND CLAIM CONSTRUCTION DEADLINES AND [PROPOSED] ORDER
EDWARD M. CHEN, District Judge.
Plaintiff Capella Photonics, Inc. ("Capella"), and Defendants Tellabs Operations, Inc. ("Tellabs"), Coriant (USA) Inc. ("Coriant"), Cisco Systems, Inc. ("Cisco"), Fujitsu Network Communications, Inc. ("FNC"), and Ciena Corporation ("Ciena"), by and through their respective counsel, respectfully submit this Joint Stipulation to Extend Claim Construction Briefing.
On October 7, 2014, the Court originally set deadlines for claim construction. Dkt. 122. On January 13, 2015, the Court modified the schedule to set the following deadlines:
Claim Construction Opening Brief: February 23, 2015
Claim Construction Opposition Brief: March 9, 2015
Claim Construction Reply Brief: March 16, 2015 (2:30 p.m.)
Claim Construction Hearing: April 13, 2015 (2:30 p.m.)
Dkt. 152.
The parties bring this joint stipulation to extend those dates because of the pending motion by Cisco Systems Inc. to stay these consolidated cases pending the Patent and Trademark Office's decision to institute inter partes review ("IPR") proceedings on the patents-in-suit. Dkt. 161; 164. Cisco's motion is currently set for hearing on March 12, 2015. Dkt. 163.
Good cause exists to postpone claim construction briefing until after the decision on Cisco's motion to stay because of the interest in judicial efficiency and economy. As the schedule currently stands, the briefing schedule for Claim Construction overlaps with the briefing schedule for Cisco's motion to stay. If the Court grants Cisco's motion, in light of the pending IPR proceeding, the Claim Construction briefing and subsequent tutorial and hearing will become moot. If the Court denies Cisco's motion, the parties may resume Claim Construction briefing without any additional effect to the case schedule.
Based on calendar dates, the parties request that the Court grant an order amending the upcoming claim construction deadlines as follows:
Claim Construction Opening Brief: March 26, 2015
Claim Construction Opposition Brief: April 9, 2015
Claim Construction Reply Brief: April 16, 2015
Tutorial 5/1/15 at 2:30 p.m. Claim construction hearing: 5/18/15 at 2:30 p.m.
The movants further request that the tutorial scheduled for April 3, 2015, and the claim construction hearing set for April 13, 2015, be vacated and reset depending on the court's convenience. No deadlines have been set in this case beyond the claim construction hearing, so the requested time modification would have no additional effects on the case schedule.
ATTESTATION
I HEREBY ATTEST THAT, pursuant to Local Rule 5-1 (i)(3), concurrence in the filing of the document has been obtained from the other Signatories for the conformed signature within this electronically filed document.
IT IS SO ORDERED AS MODIFIED.
