Filed: Dec. 09, 2016
Latest Update: Dec. 09, 2016
Summary: STIPULATION AND [ PROPOSED ] ORDER TO EXTEND TIME FOR RESPONSIVE AND REPLY CLAIM CONSTRUCTION BRIEFS RICHARD SEEBORG , District Judge . Pursuant to Local Rules 6-2 and 7-12, Plaintiff International Test Solutions, Inc. ("ITS") and Defendants Mipox International Corporation ("Mipox") and MGN International, Inc. ("MGN") (collectively, "Parties"), through their respective undersigned counsel, hereby stipulate 1 and request an order: 1. Extending the due date for Defendants' L.P.R 4-5(b)
Summary: STIPULATION AND [ PROPOSED ] ORDER TO EXTEND TIME FOR RESPONSIVE AND REPLY CLAIM CONSTRUCTION BRIEFS RICHARD SEEBORG , District Judge . Pursuant to Local Rules 6-2 and 7-12, Plaintiff International Test Solutions, Inc. ("ITS") and Defendants Mipox International Corporation ("Mipox") and MGN International, Inc. ("MGN") (collectively, "Parties"), through their respective undersigned counsel, hereby stipulate 1 and request an order: 1. Extending the due date for Defendants' L.P.R 4-5(b) ..
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STIPULATION AND [PROPOSED ] ORDER TO EXTEND TIME FOR RESPONSIVE AND REPLY CLAIM CONSTRUCTION BRIEFS
RICHARD SEEBORG, District Judge.
Pursuant to Local Rules 6-2 and 7-12, Plaintiff International Test Solutions, Inc. ("ITS") and Defendants Mipox International Corporation ("Mipox") and MGN International, Inc. ("MGN") (collectively, "Parties"), through their respective undersigned counsel, hereby stipulate1 and request an order:
1. Extending the due date for Defendants' L.P.R 4-5(b) responsive claim construction brief from December 19, 2016 to January 16, 2017.
2. Extending the due date for Plaintiff's L.P.R. 4-5(c) reply claim construction brief from December 27, 2016 to January 23, 2017.
3. Permitting Defendants to conduct a deposition of Darran Cairns and extending the close of claim construction discovery, for the limited purpose of conducting this deposition, from October 26, 2016 to December 30, 2016.
This extension of time is requested as part of a resolution of a dispute between the Parties regarding Plaintiff's rebuttal expert report from Darran Cairns. In connection with resolving this dispute, the Parties agreed, among other things, that ITS will make available Dr. Cairns for deposition on the week of December 19, 2016.
Accordingly, the Parties hereby stipulate through their respective counsel of record as follows:
WHEREAS, the Parties served and filed the Joint Claim Construction and Prehearing Statement on October 10, 2016, and Plaintiff served its Opening Claim Construction Brief on December 5, 2016; and
WHEREAS, a dispute between the Parties has arisen regarding the rebuttal expert report of Dr. Cairns included with Plaintiff's Opening Claim Construction Brief;
WHEREAS, the Parties have resolved the dispute and, based on the resolution, Defendants will need additional time to conduct their deposition of Dr. Cairns;
WHEREAS, extending the deadline as set forth herein will not otherwise extend the remaining schedule for the case;
IT IS HEREBY STIPULATED by and between the Parties hereto that:
1. The due date for Defendants' L.P.R 4-5(b) responsive claim construction brief is extended from December 19, 2016 to January 16, 2017.
2. The due date for Plaintiff's L.P.R. 4-5(c) reply claim construction brief is extended from December 27, 2016 to January 23, 2017.
3. Defendants are permitted to conduct a deposition of Darran Cairns. The close of claim construction discovery is extended for the limited purpose of conducting this deposition from October 26, 2016 to December 30, 2016.
CONCURRENCE IN FILING
I, Thomas Donovan, hereby attest that the concurrence to the filing of this document has been obtained from each signatory hereto.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
