New Pacer--RECOMMENDED DISCOVERY ORDER NO.3. posted on Mar 16, 12 04:15PM (Log in to use the IP Check tool) [?] New Pacer--RECOMMENDED DISCOVERY ORDER NO.3. THOMAS HR DENVER, ESQ. (56872) Mediation Masters 96 North Third Street Suite 300 San Jose, CA 95112 Telephone: Facsimile: Special Master
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
ACER INC., HTC CORP., BARCO NV, Plaintiffs, vs. TECHNOLOGY PROPERTIES, LTD. et aI., Defendants. Case No: C-08-00877 JW C-08-00882 JW C-08-05398 JW
RECOMMENDED DISCOVERY ORDER NO.3.
Pursuant to Stipulation of the parties (attached hereto as Exhibit A), it is ordered that: 1. In addition to the claims identified in Discovery Order No.2, TPL shall serve amended ICs for Claims 7, 10, 14 and 16 of the '336 Patent; TPL shall serve its amended ICs for claims identified in the Stipulation and
Discovery Order NO.2 by March 30, 2012. Dated: March 16,2012 lsI Thomas HR Denver THOMAS HR DENVER
RECOMMENDED DISCOVERY ORDER NO.3 EXHIBIT A Daniel J. O'Connor (Pro Hac Vice) Edward K. Runyan (Pro Hac Vice) BAKER & MCKENZIE LLP 300 East Randolph Drive Chicago, IL 60601 Telephone: daniel..Tod L. Gamlen (SBN 83458) BAKER & MCKENZIE LLP 660 Hansen Way Palo Alto, CA 94303-1044 Attorneys for Plaintiff BARCON.V. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BARCO N.V., a Belgian corporation Plaintiff, v. TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., and ALLIACENSE LTD., Defendants.
STIPULATION AND [PROPOSED] ORDER CASE NO. 3:08-cv-05398 JW Case No. 3:08-cv-05398 JW
STIPULATION AND [Im9PQ~M)] ORDER EXTENDING DEADLINE TO SERVE AMENDED INFRINGEMENT CONTENTIONS AND INCLUDING ADDITIONAL CLAIMS FOR WHICH TPL SHALL AMEND ITS INFRINGEMENT CONTENTIONS
Pursuant to Northern District of California Civil Local Rules 6-2 and 7-12, Plaintiff Barco N.V. ("Barco") and Defendants Technology Properties Limited, Patriot Scientific Corporation, and Alliacense Limited (collectively "Defendants" or "TPL"), hereby stipulate and request that the Court: (1) extend the deadline to serve amended Infringement Contentions (ICs) as set forth in Special Master Thomas Denver's Order on Barco's Motion to Strike (Dkt. 332, Related Case No. 3:08-cv00877- JW) (the "Order") by four additional business days so that the deadline to serve amended ICs is extended from March 26, 2012 to March 30, 2012 and (2) include four additional claims (claims 7, 10, 14, and 16) of U.S. Patent No. 5,809,336 (the '336 patent) for which TPL shall serve amended Infringement Contentions (ICs). WHEREAS, Barco's Proposed Order (Dkt. 238-5) and Barco's Reply Brief (Dkt. 266) requested the Court, inter alia, to strike the ICs for claims 1,6, 11, and 13 of the '336 patent, because certain limitations for these claims rely on one or more published articles; WHEREAS, Barco's Opening Motion noted that, in addition to the ICs for claims 1,6, 11, and 13 of the '336 patent, ICs for claims 7, 10, 14, and 16 of the '336 patent also rely solely on the same one or more published articles for certain claim limitations. See page 6, line 21 to page 7, line 24 0 Barco's Opening Motion (Dkt. 238); WHEREAS, claims 7, 10, 14, and 16 of the '336 patent were inadvertently omitted from Barco's Proposed Order (Dkt. 238-5) and Reply Brief (Dkt. 266); WHEREAS, Special Master Thomas Denver's Order on Barco's Motion to Strike (Dkt. 332, Related Case No. 3:08-cv-00877-JW), in apparent reliance on Barco's Proposed Order, ordered TPL to amend the ICs for claims 1,6, 11, and 13 ofthe '336 patent for relying on published articles; WHEREAS, while TPL disputes that its ICs are insufficient, it does not dispute that the same rationale underlying the Special Master's Order relating to ICs for claims 1,6, 11 and 13 of the '336 patent also applies to claims 7, 10, 14, and 16 of the '336 patent; WHEREAS, TPL was ordered by Special Master Thomas Denver to serve amended ICs within 20 days of his Order becoming final (i.e., by March 26, 2012); STIPULATION AND PROPOSED] ORDER WHEREAS, Barco will not be prejudiced if the deadline to serve amended ICs is extended from March 26,2012 to March 30, 2012; and ACCORDINGLY, it is hereby stipulated by and among the parties that: (1) In addition to the claims identified in Special Master Thomas Denver's Order of February 24,2012, TPL shall serve amended ICs for claims 7, 10, 14, and 16 ofthe '336 patent; and (2) TPL shall serve its amended ICs for claims identified in this stipulation and in Special Master Thomas Denver's Order by March 30, 2012. Respectfully Submitted, Dated: March 13,2012 BAKER & McKENZIE LLP By: lsi Edward K. Runyan Edward K. Runyan Attorneys for Plaintiff BARCON.V. Dated: March 13,2012 AGILITY IP LAW, LLP By: lsi James C. Otteson James C. Otteson Michelle G. Breit Attorneys for Defendants TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED PU RSUANT TO STIPULATION, IT IS SO ORDERED. Jfi:, Dated: March.l:e, 2012 At rlI\ A~
THOMAS HR DENVER Special Master STIPULATION AND [PROPOSED) ORDER page 2 CASE NO. 3:08-cv-05398 JW
ATTESTATION PURSUANT TO GENERAL ORDER 45
Pursuant to General Order 45, I represent that concurrence in the filing of this document has been obtained from the other signatory which shall serve in lieu ofhis signature on this document. Dated: March 13,2012 lsi Edward K. Runyan Edward Runyan, Esq. STIPULATION AND [pROPOSED] ORDER |