STIPULATION AND [PROPOSED] ORDER REGARDING FACT DISCOVERY

EDWARD M. CHEN, District Judge.

Pursuant to Magistrate Judge Westmore's Order of November 2, 2015 (Dkt. 201), the parties respectfully submit this Stipulation And [Proposed] Order Regarding Fact Discovery.

WHEREAS, the Court's Case Management Order set a cut-off date of June 4, 2015 for fact discovery (Dkt. 108);

WHEREAS, on October 13, 2015, Aylus filed a motion to strike certain opinions of Apple's non-infringement expert Dr. Nathaniel Polish regarding a design alternative identified by Dr. Polish;

WHEREAS, on November 2, 2015, Judge Westmore denied Aylus' motion but ruled that Aylus is entitled to conduct a 4-hour deposition of Apple engineer Colin Meldrum regarding the design alternative identified by Dr. Polish (Dkt. 201 at 6);

WHEREAS, Judge Westmore further ruled that "[t]he parties shall prepare a stipulation to the presiding judge seeking leave to conduct" Mr. Meldrum's deposition (id.);

WHEREAS, the parties have agreed that Mr. Meldrum's deposition should take place at 10 a.m. on December 4, 2015 at the Redwood Shores office of Aylus' counsel Quinn Emanuel;

NOW, THEREFORE, the parties respectfully request that the Court issue an order extending the fact discovery cut-off to allow a 4-hour deposition of Mr. Meldrum at 10 a.m. on December 4, 2015, at Quinn Emanuel's Redwood Shores office.

IT IS SO STIPULATED.

[PROPOSED] ORDER

IT IS HEREBY ORDERED that:

Defendant Apple Inc. shall present Colin Meldrum for deposition at 10 a.m. on December 4, 2015, at the Redwood Shores office of Aylus' counsel Quinn Emanuel. Said deposition shall last no more than 4 hours on the record and shall be limited to questioning and testimony regarding the design alternative identified in the non-infringement report of Apple's expert Dr. Nathaniel Polish.

IT IS SO ORDERED.

ATTESTATION CLAUSE

I, Joseph B. Martin, am the ECF User whose identification and password are being to file this Stipulation and [Proposed] Order. Concurrence to the filing of this document was obtained from Erik R. Fuehrer, counsel for Apple Inc., on December 2, 2015.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.