STIPULATION AND PROPOSED ORDER UNDER LOCAL RULE 7-12 TO SERVE AMENDED PATENT L.R. 3-1 INFRINGEMENT CONTENTIONS

SUSAN ILLSTON, District Judge.

IT IS HEREBY STIPULATED BY THE PARTIES, THROUGH THEIR UNDERSIGNED COUNSEL:

Pursuant to Civil L.R. 7-12 and Patent L.R. 3-6, Plaintiff Bluestone Innovations, LLC ("Bluestone") and Defendants LG Electronics, Inc. and LG Electronics U.S.A., Inc. (collectively "LGE"), by and through their undersigned counsel, hereby consent and stipulate that, with leave of Court, Bluestone may serve amended Patent L.R. 3-1 infringement contentions upon LGE. In support of this stipulation, the parties state as follows:

The parties met and conferred about the sufficiency of Bluestone's infringement claim charts with regards to the last element of claims 1 and 23. Even though Bluestone believes its claim charts sufficiently sets forth its infringement contentions with respect to the last element of claims 1 and 23, in an effort to avoid burdening the Court with a discovery dispute on this issue, Bluestone agrees to supplement its infringement claim charts.

By entering into this stipulation, LGE does not waive its right to challenge Bluestone's use of representative claim charts. Indeed, LGE plans to submit a letter brief shortly after the parties enter into this stipulation asking this Court for relief from Bluestone's use of representative claim charts. In addition, LGE wants to make clear that this stipulation relates to Bluestone's procedural compliance with the Patent Local Rule 3-1 requirements. LGE does not waive any right or ground to challenge Bluestone's contentions on substantive grounds, including that LGE's accused products do not infringe the patent in suit.

For the avoidance of any confusion, LGE's invalidity contentions shall be served by October 17, 2013, as set forth in the parties' Stipulated Request for Order Changing Time (Dkt. No. 125), regardless of the date by which this Stipulation and Proposed Order is entered and Bluestone serves its amended LPR 3-1 infringement contentions.

Accordingly, the parties stipulate that Bluestone may amend its Patent L.R. 3-1 infringement contentions within five days of this Stipulation and Proposed Order.

I, David J. Mahalek, am the ECF User whose identification and password are being used to file this Stipulation Under Local Rule 7-12. Pursuant to Civil L.R. 5-1(i)(3), I hereby attest that counsel for the foregoing parties have concurred in this filing.

PURSUANT TO STIPULATION, IT IS SO ORDERED.