Filed: Jun. 23, 2014
Latest Update: Jun. 23, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF JUNE 26, 2014 CASE MANAGEMENT CONFERENCE EDWARD M. CHEN, District Judge. The parties to this action—plaintiff ADC Technology, Inc. ("ADC") and defendants Palm, Inc. and Hewlett-Packard Co. (collectively, "Palm")—respectfully submit this stipulation, requesting that the Court continue the Case Management Conference previously scheduled in this action for June 26, 2014 for one week, to July 3, 2014, or an alternative future da
Summary: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF JUNE 26, 2014 CASE MANAGEMENT CONFERENCE EDWARD M. CHEN, District Judge. The parties to this action—plaintiff ADC Technology, Inc. ("ADC") and defendants Palm, Inc. and Hewlett-Packard Co. (collectively, "Palm")—respectfully submit this stipulation, requesting that the Court continue the Case Management Conference previously scheduled in this action for June 26, 2014 for one week, to July 3, 2014, or an alternative future dat..
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF JUNE 26, 2014 CASE MANAGEMENT CONFERENCE
EDWARD M. CHEN, District Judge.
The parties to this action—plaintiff ADC Technology, Inc. ("ADC") and defendants Palm, Inc. and Hewlett-Packard Co. (collectively, "Palm")—respectfully submit this stipulation, requesting that the Court continue the Case Management Conference previously scheduled in this action for June 26, 2014 for one week, to July 3, 2014, or an alternative future date that is convenient to the Court.
Good cause exists for this requested continuance of the Case Management Conference, as set forth below:
▪ This is a patent case in which the plaintiff, ADC, asserts three patents—namely, U.S. Patent Nos. 6,985,136 (the "`136 patent"), 7,057,605 (the "`605 patent") and 7,567,361 (the "`361 patent") (collectively, the "patents-in-suit").
▪ In mid-2011, pursuant to a third-party request, the PTO ordered reexamination of each of the three patents-in-suit.
▪ In July 2011, defendant Palm filed a stipulated motion to stay this case pending final determination of the reexamination of the patents-in-suit by the PTO. (See Docket No. 68.) Plaintiff ADC stipulated to this stay motion. (Id.)
▪ On July 25, 2011, the Court granted the stipulated stay motion and ordered that "[t]his action is stayed pending final determination of the reexamination of the patents-in-suit" by the PTO. (See Docket No. 70.) In its order, the Court instructed the parties to advise the Court when the PTO has issued a final determination on reexamination. (Id.) In addition, the Court set a case management conference for a date in May 2012. (Id.)
▪ In 2012 and 2013, and in March and May 2014, defendant Palm and plaintiff ADC filed stipulations requesting continuance of the case management conference, noting that there has not yet been a final determination of the reexamination of all of the patents-in-suit and indicating agreement that a continued stay in this action was appropriate. (See Docket Nos. 72, 74, 77, 82, 87, 89.) The Court granted these requests, and the case management conference is currently set for May 29, 2014. (See Docket Nos. 73, 75, 78, 81, 83, 84, 88, 90.)
▪ ADC represents that the PTO has dismissed all of reexamination proceedings on ADC's asserted patents and that there are no reexamination proceedings pending with respect to ADC's asserted patents.
▪ Recently, ADC and Palm have engaged in more serious discussions in order to try and resolve the dispute. The parties believe they need additional time to fully exhaust reasonable efforts to settle the case.
▪ The parties presently agree that the Case Management Conference should be continued to July 3, 2014, or an alternative future date that is convenient to the Court to allow the parties some brief additional time to try and settle the case without burdening the Court.
In view of the foregoing, the parties respectfully request that the Case Management Conference previously set for June 26, 2014, be continued to July 3, 2014, or an alternative future date that is convenient to the Court.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Case Management Conference previously set for June 26, 2014 at 9:00 a.m. is hereby continued to July 3, 2014 at 9:30 a.m., in Courtroom 5, 17th Floor, 450 Golden Gate Avenue, San Francisco, California.
