STIPULATED AND [PROPOSED] REVISED SCHEDULING ORDER PURSUANT TO LOCAL RULE 26-4 (FIRST REQUEST)

ROBERT J. JOHNSTON, Magistrate Judge.

Pursuant to Local Rule 26-4, the parties hereby submit their joint stipulation to extend the close of fact discovery and for entry of a revised scheduling order as set forth below.

WHEREAS on May 15, 2012, the Court had entered the Stipulated Discovery Plan and Scheduling Order (Dkt. 80), which set forth October 29, 2012, for the close of fact discovery in this case and a trial date to be set by the Court in a different order;

WHEREAS on September 4, 2012 (Dkt. 119), the Court set forth January 21, 2014, as the date for jury trial in this case;

WHEREAS Aevoe Corp., and the defendant have conferred on coordinating discovery issues, including the coordination and scheduling of eight depositions of foreign witnesses and other domestic witness, and adjusting the current scheduling deadlines in light of such coordination issues and the January 21, 2014 trial date and pending motion to compel discovery;

WHEREAS defendants deposed Aevoe's President Jon Lin as a percipient witness and as Aevoe's designated 30(b)(6) witness on May 24, 2012, and July 13, 2013, respectively;

WHEREAS Aevoe served a First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to each of the defendants on June 28, 2012; to which the defendants provided written responses on July 30, 2012, and which are the subject of a pending motion to compel further responses (Dkt. 115, filed August 30, 2012) that has not yet been fully briefed;

WHEREAS defendants served a First Set of Requests for Production of Documents on August 22, 2012, with Aevoe's written responses due on September 24, 2012;

WHEREAS Aevoe served a Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to each of the Defendants on August 31, 2012, with the defendants' respective written responses due on October 1, 2012;

WHEREAS on September 7, 2012, Aevoe issued seven subpoenas for the production of documents from third parties;

WHEREAS the Parties are coordinating on scheduling and logistical issues concerning as many as 17 depositions, including as many as eight depositions of witnesses in Taiwan;

WHEREAS these depositions cannot be completed within the time limits set by the discovery plan because of the availability of witnesses;

WHEREAS the Parties anticipate the need for serving additional written discovery requests, subpoenas, and deposition notices before the close of discovery after the opportunity to review the information gathered in the pending discovery discussed above;

WHEREAS the Court's ruling on Aevoe's fully briefed pending motion to strike certain counterclaims and affirmative defenses filed on May 2, 2012 (Dkt. 67, 68, 84, 86) could affect the scope of discovery;

WHEREAS on August 14, 2012, defendant AE Tech filed a second Request for Inter Partes Re-examination by the United States Patent and Trademark Office of all claims of the patent in suit, alleging that those claims are unpatentable in light of prior art. If that Patent Examiner finds that the Request demonstrates that there is a reasonable likelihood that Requestor will prevail with respect to at least one of the claims challenged in the Request, the Patent Examiner will grant the request. If that occurs, defendants will move to stay these proceedings pending the outcome of the re-examination; and

WHEREAS the Parties have submitted two forms of proposed protective order. ECF No. 106. The Court has not yet entered such an order; and

WHEREAS this is the Parties' first request to revise the scheduled deadlines.

I. JOINT STIPULATION

For the foregoing reasons, the Parties hereby submit their Stipulated and [Proposed] Revised Scheduling Order as set forth below:

II. SIGNATURES

Each signature constitutes a certification that to the best of the signer's knowledge, information and belief, formed after reasonable inquiry, the disclosures made by the signer are complete and correct as of this time.

ORDER

IT IS SO ORDERED: