JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING CLAIM CONSTRUCTION DISCOVERY AND BRIEFING SCHEDULE

WILLIAM ALSUP, District Judge.

Defendants and Counterclaimants Hon Hai Precision Industry Co. Ltd. and Foxconn Electronics, Inc. (collectively "Foxconn") and Plaintiff and Counterclaim Defendant Lotes Co. Ltd. ("Lotes") file this joint stipulation respectfully requesting an Order modifying deadlines for claim construction discovery and claim construction briefing.

WHEREAS, pursuant to Patent L.R. 4-4, claim construction discovery, including any depositions with respect to claim construction of any witnesses, including experts, must currently be completed by January 23, 2017.

WHEREAS, pursuant to Patent L.R. 4-5, the opening claim construction brief is currently due on February 6, 2017, the responsive claim construction brief is currently due on February 21, 2017, and the reply claim construction brief is currently due on February 28, 2017.

WHEREAS, the Parties have agreed to stipulate to request an extension of the claim construction discovery and claim construction briefing dates to accommodate the schedules of the Parties' experts. In particular, Foxconn's expert, Dr. Michael G. Pecht, is working in Asia through early February and will not be available for a deposition until February 10, 2017. Lotes's expert, Dr. Vijay Gupta, will be available for deposition on February 17, 2017.

WHEREAS, the Parties have stipulated that the depositions of Drs. Pecht and Gupta shall be limited to issues relating to claim construction, and that these depositions shall not preclude later depositions on these experts' respective reports, as provided for pursuant to the Case Management Order. Dkt. 228, ¶ 5.

WHEREAS, this brief extension will not impact any other dates on the trial schedule because there will be no separate claim construction hearing pursuant to the Case Management Order. Dkt. 228, ¶ 18. The close of non-expert discovery will remain on June 30, 2017. The deadline to file dispositive motions will remain on July 27, 2017. The start of trial will remain on November 6, 2017. There have been no previous time modifications in this case.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, through their respective attorneys of record, and subject to approval by the Court, the following schedule:

Filer's Attestation: I, Don Daybell, am the ECF User whose User ID and password are being used to file this Stipulation. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that I have obtained concurrence in the filing of this document from the above-listed signatories. PURSUANT TO STIPULATION, IT IS SO ORDERED. Counsel shall not use the schedule modifications granted herein as a basis for requesting any continuances of trial dates.