JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE DATES IN SCHEDULING ORDER

RICHARD SEEBORG, District Judge.

Pursuant to Local Rules 6-2 and 7-12, Plaintiff International Test Solutions, Inc. ("ITS") and Defendants Mipox International Corporation ("Mipox"), MGN International, Inc. ("MGN"), and Mipox Corporation ("Mipox Japan") (collectively, "Parties"), through their respective undersigned counsel, hereby stipulate1 and request an order to continue the dates in the operating scheduling order (Dkt. No. 143) as set forth below. The efforts between the Parties to reach a settlement have been unsuccessful, and thus, the Parties request a continuance of dates in the scheduling order to allow enough time for discovery and trial to resume in this matter. The Parties are submitting a proposed schedule for the Court's consideration. Accordingly, the Parties hereby stipulate through their respective counsel of record as follows:

WHEREAS, on May 18, 2017, this Court entered the operating case management scheduling order (Dkt. No. 127);

WHEREAS, on August 1, 2017, the Parties participated in a mediation session in which the result was that the Parties believed that a settlement was likely imminent (Dkt. No. 135), and the Parties subsequently worked on finalizing a written settlement agreement to settle the case;

WHEREAS, on September 1, 2017, the USPTO ordered that inter partes review is granted as to claims 1-4 and 6 of U.S. Patent No. 8,801,869;

WHEREAS, on September 8, 2017, the Parties stipulated to modifying the operating case management scheduling order to focus on finalizing a written settlement agreement;

WHEREAS, on September 11, 2017, the USPTO ordered that inter partes review is granted as to claims 2 and 6 of U.S. Patent No. 7,202,683 and that inter partes review is granted as to claims 26 and 28 of U.S. Patent No. 6,777,966;

WHEREAS, on October 18, 2017, ITS informed Mipox, MGN, and Mipox Japan that the Parties are unable to come to an agreement to settle the case;

WHEREAS, ITS represents that several additional months of discovery is required for the Parties and the Court to properly assess the merits of this case, including additional time (a) to accommodate the additional foreign discovery through the Hague convention that is required for this case, such as seeking discovery from Mipox Japan's Korean manufacturer and discovery from Mipox Japan's Japanese supplier, (b) for ITS to take depositions of Mipox Japan, which Mipox Japan insists be taken in Japan, and (c) for Mipox, MGN, and Mipox Japan to depose ITS's witnesses and to complete their discovery;

IT IS HEREBY STIPULATED by and between the Parties hereto that the operating case management scheduling order be modified as follows:

CONCURRENCE IN FILING

I, David S. Bloch, hereby attest that the concurrence to the filing of this document has been obtained from each signatory hereto.

PURSUANT TO STIPULATION, IT IS SO ORDERED.