Filed: Jun. 27, 2014
Latest Update: Jun. 27, 2014
Summary: STIPULATION AND [PROPOSED ] ORDER TO EXTEND SCHEDULE AS MODIFIED VINCE CHHABRIA, District Judge. Plaintiff Symantec Corporation and Defendants RPost Holdings Inc. and RPost Communications Limited (collectively "RPost") hereby stipulate and agree, subject to the Court's availability and approval, as follows: WHEREAS, on June 11, 2014, this Court issued an order reassigning this case to Judge Chhabria and relating it to case no 13-cv-05227. WHEREAS, the parties' prior scheduling order inc
Summary: STIPULATION AND [PROPOSED ] ORDER TO EXTEND SCHEDULE AS MODIFIED VINCE CHHABRIA, District Judge. Plaintiff Symantec Corporation and Defendants RPost Holdings Inc. and RPost Communications Limited (collectively "RPost") hereby stipulate and agree, subject to the Court's availability and approval, as follows: WHEREAS, on June 11, 2014, this Court issued an order reassigning this case to Judge Chhabria and relating it to case no 13-cv-05227. WHEREAS, the parties' prior scheduling order incl..
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STIPULATION AND [PROPOSED] ORDER TO EXTEND SCHEDULE AS MODIFIED
VINCE CHHABRIA, District Judge.
Plaintiff Symantec Corporation and Defendants RPost Holdings Inc. and RPost Communications Limited (collectively "RPost") hereby stipulate and agree, subject to the Court's availability and approval, as follows:
WHEREAS, on June 11, 2014, this Court issued an order reassigning this case to Judge Chhabria and relating it to case no 13-cv-05227.
WHEREAS, the parties' prior scheduling order includes a claim construction briefing schedule prior to dispositive motions.
WHEREAS, this Court's June 3, 2014 Standing Order indicates that the Court will only conduct claim construction in conjunction with a dispositive motion.
WHEREAS, defendants RPost Holdings Inc. and RPost Communications Limited (collectively, "RPost") had not yet asserted infringement of U.S. Patent Nos. 8,504,628, 8,468,199, 8,209,389, 8,224,913 and 7,966,372 ("the RPost patents") at the time the parties provided the prior scheduling order to Judge Seeborg.
WHEREAS, RPost filed an answer on June 23, 2014 which asserts counterclaims of infringement of the RPost patents.
WHEREAS, the parties have conferred and RPost seeks to extend the time to serve infringement contentions by one week until June 30, 2014 while Symantec seeks to extend the time to serve invalidity contentions to the full 45 days permitted under the Patent Local Rules.
WHEREAS, the following proposed schedule generally follows the schedules set out in the Federal Rules of Civil Procedure, the Local Rules of this Court, the Patent Local Rules and this Court's standing orders. The parties have exchanged initial disclosures and RPost filed its answer to Symantec's First Amended Complaint on June 23, 2014.
WHEREFOR, the parties hereby stipulate to the following schedule, subject to the Court's availability and approval:
Proposed Date Current Date Event
n/a May 29, 2014 Last day for Symantec to serve Infringement Contentions
and comply with Patent L.R. 3-1 and 3-2 for U.S. Patent No.
6,442,686 ("`686 patent")
June 30, 2014 June 23, 2014 Last day for RPost to serve Infringement Contentions and
comply with Patent L.R. 3-1 and 3-2 for U.S. Patent Nos.
8,504,628, 8,468,199, 8,209,389, 8,224,913 and 7,966,372
("the RPost patents")
July 11, 2014 July 11, 2014 Last day for RPost to serve Invalidity Contentions and
(45 days after comply with Patent L.R. 3-3 and 3-4 for the '686 patent
Patent L.R. 3-1
and 3-2
disclosures)
August 14, 2014 July 7, 2014 Last day for Symantec to serve Invalidity Contentions and
(45 days after comply with Patent L.R. 3-3 and 3-4 for the RPost patents
Patent L.R. 3-1
and 3-2
disclosures)
August 28, 2014 August 15, 2014 Last day for simultaneous exchange of proposed terms and
(14 days after claim elements for construction and comply with Patent L.R.
Symantec's 4-1 for all patents
Patent L.R. 3-3
and 3-4
disclosures and
48 days after
RPost's Patent
L.R. 3-3 and 3-4
disclosures)
September 4, August 1, 2014 Last day for the parties to meet and confer regarding the
2014 proposed terms for all patents
(7 days after
Patent L.R. 4-1
disclosures)
September 18, August 15, 2014 Last day for parties to exchange Proposed Claim
2014 Constructions and provide preliminary identification of
(14 days after the extrinsic evidence and comply with Patent L.R. 4-2 for all
deadline to meet patents
and confer
regarding
proposed terms)
September 25, September 2, Last day for parties to meet and confer regarding narrowing
2014 2014 issues and finalizing preparation of Joint Claim Construction
(7 days after and Prehearing Statement for all patents
Patent L.R. 4-2
disclosures)
October 9, 2014, September 9, Last day for parties to file Joint Claim Construction and Pre-
2014 2014 hearing Statement and comply with Patent L.R. 4-3 for all
(14 days after patents
parties meet and
confer regarding
narrowing issues
and finalizing
Joint Claim
Construction and
Prehearing
Statement)
December 8, October 9, 2014 Last day to take discovery relating to claim construction and
2014 comply with Patent L.R. 4-4 for all patents
(60 days after
Patent L.R. 4-3
Joint Claim
Construction
Chart)
January 7, 2015 n/a Last day to identify expert witnesses for all patents
(30 days after last
day to take
discovery
relating to claim
construction and
comply with
Patent L.R. 4-4)
March 6, 2015 March 6, 2015 Close of Fact Discovery for all patents (except for discovery
(58 days after last under Patent L.R. 3-7)
day to identify
expert witnesses)
April 15, 2015 n/a Parties with the burden of proof designate expert
(40 days after witnesses (non-claim construction issues) and serve
close of fact expert reports for all patents
discovery)
May 15, 2015 n/a Parties designate rebuttal expert witnesses (non-claim
(30 days after construction issues) and serve rebuttal expert reports for all
service of initial patents
expert reports)
June 15, 2015 n/a Close of Expert Discovery (except for discovery under
(31 days after Patent L.R. 3-6(a)) for all patents
service of initial
expert reports)
July 15, 2015 October 24, 2014 Last day for parties to file opening claim construction brief
(30 days after and supporting evidence and comply with Patent L.R. 4-5(a)
close of expert and for parties to file dispositive motions for all patents
discovery)
August 5, 2015 November 7, Last day for parties to file response claim construction brief
(21 days after 2014 and supporting evidence and comply with Patent L.R. 4-5(b)
service of claim and for parties to file oppositions to dispositive motions for
construction and all patents
dispositive
motion briefs)
August 19, 2015 November 14, Last day for parties to file reply claim construction brief and
(14 days after 2014 rebuttal evidence and comply with Patent L.R. 4-5(c) and for
service of parties to file reply briefs in support of dispositive motions
responsive for all patents
claim
construction brief
and
oppositions to
dispositive
motions)
September 2, November 21, Technology Tutorial for the Court and Claim
2015 2014 Construction Prehearing Conference for all patents
(14 days after
filing of claim November 25,
construction and
summary 2014
judgment
reply briefs or to
be determined
based upon the
Court's
availability)
September 16, December 5, Claim Construction Hearing pursuant to Patent L.R. 4-6
2015 2014 and hearing regarding dispositive motions for all patents
(14 days after
Technology December 9,
Tutorial or
to be determined 2014
based upon the
Court's
availability)
To be determined n/a Last day to amend contentions under Patent L.R. 3-6(a)for
by the Court (30 all patents
days after claim
construction
order)
To be determined n/a Last day to make advice of counsel disclosures pursuant
by the Court (60 to Patent L.R. 3-7 for all patents
days after claim
construction
order)
To be n/a Close of discovery under Patent L.R. 3-7 and Expert
determined by Discovery under Patent L.R. 3-6(a)for all patents
the Court (90
days after claim
construction
order)
To be determined n/a Final Pretrial Conference and hearing on motions in
by the Court Limine
To be determined n/a Trial
by the Court
ORDER ON THE FOREGOING STIPULATION
The Court, having reviewed the above stipulation and finding good cause therefor, renders this stipulation a binding ORDER of this Court.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
