Big Baboon, Inc. v. SAP America, Inc., 4:17-cv-02082-HSG. (2019)
Court: District Court, N.D. California
Number: infdco20190320a72
Visitors: 17
Filed: Mar. 19, 2019
Latest Update: Mar. 19, 2019
Summary: JOINT STIPULATION TO EXTEND DATES FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. ("Big Baboon") and Defendants SAP America, Inc. and HP Inc. ("Defendants") hereby submit this Stipulation To Extend Dates In Scheduling Order For Claim Construction Proceedings by six weeks. This includes the following deadlines and the Technology Tutorial and Claim Construction Hearing set in the Sch
Summary: JOINT STIPULATION TO EXTEND DATES FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. ("Big Baboon") and Defendants SAP America, Inc. and HP Inc. ("Defendants") hereby submit this Stipulation To Extend Dates In Scheduling Order For Claim Construction Proceedings by six weeks. This includes the following deadlines and the Technology Tutorial and Claim Construction Hearing set in the Sche..
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JOINT STIPULATION TO EXTEND DATES FOR CLAIM CONSTRUCTION PROCEEDINGS AND [PROPOSED] ORDER
HAYWOOD S. GILLIAM, JR., District Judge.
Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. ("Big Baboon") and Defendants SAP America, Inc. and HP Inc. ("Defendants") hereby submit this Stipulation To Extend Dates In Scheduling Order For Claim Construction Proceedings by six weeks. This includes the following deadlines and the Technology Tutorial and Claim Construction Hearing set in the Scheduling Order (ECF No. 58) and modified by the Order Extending Dates in the Scheduling Order (ECF No. 81) (or as agreed by the parties):
Litigation Event Previous Date Requested Date
Description of the Substance March 18, 2019 April 29, 2019
of Expert Witness' Proposed
Testimony Pursuant to L.R.
4-2(b)
Joint Claim Construction and March 20, 2019 May 1, 2019
Prehearing Statement
Pursuant to L.R. 4-3
Claim Construction April 19, 2019 May 31, 2019
Discovery Cut-Off Pursuant
to L.R. 4-4
Plaintiff's Opening Claim May 3, 2019 June 14, 2019
Construction Brief Pursuant to
L.R. 4-5
Defendant's Responsive Claim May 17, 2019 June 28, 2019
Construction Brief Pursuant to
L.R. 4-5
Plaintiff's Reply Claim May 24, 2019 July 5, 2019
Construction Brief Pursuant to
L.R. 4-5
Technology Tutorial May 31, 2019 at 2 pm At the convenience of the
Court, on or after July 12,
2019
Claim Construction Hearing June 7, 2019 at 2 pm At the convenience of the
Court, on or after July 19,
2019
The reasons for the requested six-week extension of these dates is set forth below, and in the accompanying Declaration of J. Christopher Carraway.
1. On November 15, 2018, the Court heard argument on Defendants' Motion for Summary Judgment of Invalidity (ECF No. 60) and took the motion under advisement. A decision granting the motion would make claim construction proceedings moot.
2. The parties are about to commence the most resource-intensive phase of claim construction, including expert disclosures, claim construction discovery (including the possibility of expert depositions), claim construction briefs, a Technology Tutorial, and finally the Claim Construction Hearing.
3. The parties seek this six-week extension to avoid expending significant party and Court resources on claim construction proceedings at this time given that Defendants' Motion for Summary Judgment of Invalidity is pending.
4. The prior time modifications in this case are: (1) on May 10, 2018, the Court granted (ECF No. 40) the parties' stipulation to extend the briefing schedule for Motion to Dismiss Big Baboon's First Amended Complaint; (2) on November 23, 2018, the parties stipulated to extend Defendants' deadline for its Patent LR 4-1 disclosure from November 23, 2018 to November 28, 2018; (3) on November 28, 2018, the parties agreed to extend the deadline for expert disclosures under Patent LR 4-2(b) from December 14, 2018 to January 7, 2019; (4) on January 3, 2019, the parties agreed to extend the deadline for expert disclosures under Patent LR 4-2(b) from January 7, 2019 to January 14, 2019, and on January 4, 2019, agreed to extend that deadline again to February 4, 2019; (5) on January 4, 2019, the parties filed a stipulation extending all other claim construction deadlines by four weeks, a stipulation this Court signed on January 6, 2019; (6) on January 30, 2019, the parties filed a stipulation extending all other claim construction deadlines by six weeks, a stipulation this Court signed on February 1, 2019.
5. The parties' current proposed extension will not affect any other dates scheduled for the case, as the only dates scheduled thus far are the dates at issue in this stipulation.
Pursuant to Local Rule 6-2, submitted with this stipulation is the Declaration of J. Christopher Carraway, which (1) sets forth with particularity, the reasons for the requested enlargement or shortening of time; (2) discloses all previous time modifications in the case, whether by stipulation or Court order; and (3) describes the effect the requested time modification would have on the schedule for the case.
ATTESTATION
The filer of this document attests that concurrence in the filing of the document has been obtained from each of the other Signatories.
[PROPOSED] ORDER
The deadlines in the Scheduling Order (ECF No. 58) are amended as follows:
Litigation Event Date
Description of the Substance of Expert Witness' Proposed April 29, 2019
Testimony Pursuant to L.R. 4-2(b)
Joint Claim Construction and Prehearing Statement Pursuant to May 1, 2019
L.R. 4-3
Claim Construction Discovery Cut-Off Pursuant to L.R. 4-4 May 31, 2019
Plaintiff's Opening Claim Construction Brief Pursuant to L.R. 4-5 June 14, 2019
Defendant's Responsive Claim Construction Brief Pursuant to June 28, 2019
L.R. 4-5
Plaintiff's Reply Claim Construction Brief Pursuant to L.R. 4-5 July 5, 2019
Technology Tutorial 7/19/2019 at 2:00 p.m.
Claim Construction Hearing 7/19/2019 at 2:00 p.m.
IT IS SO ORDERED.
Source: Leagle
