Filed: Dec. 03, 2012
Latest Update: Dec. 03, 2012
Summary: STIPULATION TO MODIFY THE CASE MANAGEMENT ORDER TO EXTEND THE LOCAL PATENT RULE DISCLOSURE DEADLINES TO FACILITATE MEDIATION; [PROPOSED] ORDER JEFFREY S. WHITE, District Judge. To facilitate the Parties' on-going settlement discussions arising out of a full-day mediation, the Parties hereby stipulate pursuant to Local Rules 7-12 and 16-2 to continue the dates set by the Court at the case management conference by (35) days. Pursuant to the Court's Amended Case Management Order [Dkt. 31]
Summary: STIPULATION TO MODIFY THE CASE MANAGEMENT ORDER TO EXTEND THE LOCAL PATENT RULE DISCLOSURE DEADLINES TO FACILITATE MEDIATION; [PROPOSED] ORDER JEFFREY S. WHITE, District Judge. To facilitate the Parties' on-going settlement discussions arising out of a full-day mediation, the Parties hereby stipulate pursuant to Local Rules 7-12 and 16-2 to continue the dates set by the Court at the case management conference by (35) days. Pursuant to the Court's Amended Case Management Order [Dkt. 31] a..
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STIPULATION TO MODIFY THE CASE MANAGEMENT ORDER TO EXTEND THE LOCAL PATENT RULE DISCLOSURE DEADLINES TO FACILITATE MEDIATION; [PROPOSED] ORDER
JEFFREY S. WHITE, District Judge.
To facilitate the Parties' on-going settlement discussions arising out of a full-day mediation, the Parties hereby stipulate pursuant to Local Rules 7-12 and 16-2 to continue the dates set by the Court at the case management conference by (35) days.
Pursuant to the Court's Amended Case Management Order [Dkt. 31] and Notice Appointing Mediator [Dkt. 34], the parties participated in court-sponsored mediation before James Gilliland of Kilpatrick Townsend on November 27, 2012. The parties made substantial progress during the mediation and wish to continue to engage in meaningful discussions in an attempt to resolve their differences.
Certain deadlines under the Patent Local Rules are approaching. The parties believe that extending these deadlines will facilitate informal resolution of the dispute by permitting the parties to conserve resources. The parties accordingly stipulate and request that the Court modify the deadlines proposed by the parties in the joint case management statement [Dkt. 20] and adopted by the Court in the Amended Case Management Order [Dkt. 31] as follows:
P.R. 4-2 Exchange of Preliminary Claim December 4, 2012 January 8, 2013
Construction and Extrinsic Evidence
P.R. 4-3 Joint Claim Construction and Prehearing December 31, 2012 February 4, 2013
Statement
P.R. 4-4 Completion of Claim Construction January 31, 2012 March 7, 2013
Discovery
P.R. 4-5(a) Claim Construction Briefs — Opening February 14, 2013 March 21, 2013
Brief by the party asserting patent infringement
P.R. 4-5(b) Claim Construction Briefs — Responsive February 28, 2013 April 4, 2013
Brief by opposing party
P.R. 4-5(c) — Claim Construction Brief — Reply Brief March 7, 2013 April 11, 2013
by the party asserting patent infringement
File Amended, Final Joint Claim Construction March 11, 2013 April 15, 2013
Statement (Judge White Standing Order ¶ 6)
Technical Tutorial (Judge White Standing Order ¶ 7) April 9, 2013 TBD — May 2013
P.R. 4-6 Claim Construction Hearing April 16, 2013 TBD — May 2013
As to the dates of the Technical Tutorial and Claim Construction Hearing, the Parties request that the Court reset the deadline by 35 days or such date that is otherwise convenient to the Court. If the Court were to continue the Technical Tutorial by 35 days, the date set would be May 14, 2013. If the Court were to continue the Claim Construction Hearing by 35 days, the date
SO STIPULATED.
[PROPOSED] ORDER
Having considered the Parties' stipulation, and good cause appearing, the Court hereby grants the parties' Stipulation to Modify the Case Management Order to Extend the Local Patent Rule Disclosure Deadlines.
The Claim Construction Tutorial shall be held on June 5, 2013 at 1:30 p.m.
The Claims Construction Hearing shall be held on June 12, 2013 at 1:30 a.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
