Big Baboon, Inc. v. SAP America, Inc., 4:17-cv-02082-HSG. (2019)
Court: District Court, N.D. California
Number: infdco20190108806
Visitors: 17
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER FOR CLAIM CONSTRUCTION PROCEEDING AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. ("Big Baboon") and Defendants SAP America, Inc. and HP Inc. ("Defendants") hereby submit this Stipulation To Extend Dates In Scheduling Order For Claim Construction Proceedings by four weeks. This includes the following deadlines and the Technology Tutorial and Claim Constructio
Summary: JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER FOR CLAIM CONSTRUCTION PROCEEDING AND [PROPOSED] ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. ("Big Baboon") and Defendants SAP America, Inc. and HP Inc. ("Defendants") hereby submit this Stipulation To Extend Dates In Scheduling Order For Claim Construction Proceedings by four weeks. This includes the following deadlines and the Technology Tutorial and Claim Construction..
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JOINT STIPULATION TO EXTEND DATES IN THE SCHEDULING ORDER FOR CLAIM CONSTRUCTION PROCEEDING AND [PROPOSED] ORDER
HAYWOOD S. GILLIAM, JR., District Judge.
Pursuant to Civil L.R. 6-2, Plaintiff Big Baboon Inc. ("Big Baboon") and Defendants SAP America, Inc. and HP Inc. ("Defendants") hereby submit this Stipulation To Extend Dates In Scheduling Order For Claim Construction Proceedings by four weeks. This includes the following deadlines and the Technology Tutorial and Claim Construction Hearing set in the Scheduling Order (ECF No. 58):
Litigation Event Current Date Requested Date
Joint Claim Construction and January 9, 2019 February 6, 2019
Prehearing Statement
Pursuant to L.R. 4-3
Claim Construction February 8, 2019 March 8, 2019
Discovery Cut-Off Pursuant
to L.R. 4-4
Plaintiff's Opening Claim February 22, 2019 March 22, 2019
Construction Brief Pursuant to
L.R. 4-5
Defendant's Responsive Claim March 8, 2019 April 5, 2019
Construction Brief Pursuant to
L.R. 4-5
Plaintiff's Reply Claim March 15, 2019 April 12, 2019
Construction Brief Pursuant to
L.R. 4-5
Technology Tutorial March 22, 2019 at 10:00 a.m. At the convenience of the
Court, on or after April 19,
2019
Claim Construction Hearing March 29, 2019 at 2:00 p.m. At the convenience of the
Court, on or after April 26,
2019
The reasons for the requested four-week extension of these dates is set forth below, and in the accompanying Declaration of J. Christopher Carraway.
1. On November 15, 2018, the Court heard argument on Defendants' Motion for Summary Judgment of Invalidity (ECF No. 60) and took the motion under advisement. A decision granting the motion would make claim construction proceedings moot.
2. The parties are about to commence the most resource-intensive phase of claim construction, including expert disclosures, claim construction discovery (including the possibility of expert depositions), claim construction briefs, a Technology Tutorial, and finally the Claim Construction Hearing.
3. The parties seek the four-week extension to avoid expending significant party and Court resources on claim construction proceedings at this time given that Defendants' Motion for Summary Judgment of Invalidity is pending.
4. The prior time modifications in this case are: (1) on May 10, 2018, the Court granted (ECF No. 40) the parties' stipulation to extend the briefing schedule for Motion to Dismiss Big Baboon's First Amended Complaint; (2) on November 23, 2018, the parties stipulated to extend Defendants' deadline for its Patent LR 4-1 disclosure from November 23, 2018 to November 28, 2018; (3) on November 28, 2018, the parties stipulated to extend the deadline for expert disclosures under Patent LR 4-2(b) from December 14, 2018 to January 7, 2019; and (4) on January 3, 2018, the parties stipulated to extend the deadline for expert disclosures under Patent LR 4-2(b) from January 7, 2019 to January 14, 2019.
5. The parties' current proposed extension will not affect any other dates scheduled for the case, as the only dates scheduled thus far are the dates at issue in this stipulation.
Pursuant to Local Rule 6-2, submitted with this stipulation is the Declaration of J. Christopher Carraway, which (1) sets forth with particularity, the reasons for the requested enlargement or shortening of time; (2) discloses all previous time modifications in the case, whether by stipulation or Court order; and (3) describes the effect the requested time modification would have on the schedule for the case.
ATTESTATION
The filer of this document attests that concurrence in the filing of the document has been obtained from each of the other Signatories.
[PROPOSED] ORDER
The deadlines in the Scheduling Order (ECF No. 58) are amended as follows:
Litigation Event Date
Joint Claim Construction and Prehearing Statement Pursuant to February 6, 2019
L.R. 4-3
Claim Construction Discovery Cut-Off Pursuant to L.R. 4-4 March 8, 2019
Plaintiff's Opening Claim Construction Brief Pursuant to L.R. 4-5 March 22, 2019
Defendant's Responsive Claim Construction Brief Pursuant to L.R. 4-5 April 5, 2019
Plaintiff's Reply Claim Construction Brief Pursuant to L.R. 4-5 April 12, 2019
Technology Tutorial At the convenience of the
Court, on or after April
19, 2019 at 10:00 a.m.
Claim Construction Hearing At the convenience of the
Court, on or after April
26, 2019 at 2:00 p.m.
IT IS SO ORDERED.
Source: Leagle
