Opinion
Case No. 11-cv-02709 EMC
03-25-2013
BARNES & NOBLE, INC. and BARNESANDNOBLE.COM LLC, Plaintiffs, v. LSI CORPORATION and AGERE SYSTEMS LLC, Defendants.
QUINN EMANUEL URQUHART & SULLIVAN, LLP John B. Quinn (Bar No. 90378) Shon Morgan (Bar No. 187736) David Eiseman (Bar No. 114758) Melissa J. Baily (Bar No. 237649) Carl G. Anderson (Bar No. 239927) Attorneys for Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc CHARLENE M. MORROW (CSB NO. 136411) VIRGINIA K. DEMARCHI (CSB NO. 168633) HECTOR J. RIBERA (CSB NO. 221511) BRYAN A. KOHM (CSB No. 233276) RAVI RANGANATH (CSB NO. 272981) YIXIN ZHANG (CSB No. 270527) FENWICK & WEST LLP Attorneys for Defendants LSI Corporation and Agere Systems LLC
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
John B. Quinn (Bar No. 90378)
Shon Morgan (Bar No. 187736)
David Eiseman (Bar No. 114758)
Melissa J. Baily (Bar No. 237649)
Carl G. Anderson (Bar No. 239927)
Attorneys for Plaintiffs
Barnes & Noble, Inc. and
barnesandnoble.com llc
CHARLENE M. MORROW (CSB NO.
136411)
VIRGINIA K. DEMARCHI (CSB NO.
168633)
HECTOR J. RIBERA (CSB NO. 221511)
BRYAN A. KOHM (CSB No. 233276)
RAVI RANGANATH (CSB NO. 272981)
YIXIN ZHANG (CSB No. 270527)
FENWICK & WEST LLP
Attorneys for Defendants
LSI Corporation and
Agere Systems LLC
REVISED JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
AMENDMENT TO FEBRUARY 15, 2013
CASE MANAGEMENT ORDER
Trial Date: None set
Pursuant to Local Rule 6-2, Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com llc ("Plaintiffs") and Defendants LSI Corporation and Agere Systems LLC ("Defendants") (collectively, the "Parties"), by and through their respective counsel of record, stipulate as recited below and jointly request that the Court amend the current case management schedule as set forth below.
WHEREAS, the Court, by Order dated February 15, 2013 (Dkt. No. 179), reset the date for the claim construction hearing to July 5, 2013 and July 8, 2013;
WHEREAS, David Eiseman of Quinn Emanuel Urquhart & Sullivan, LLP, counsel for Plaintiffs in this matter, is unavailable July 5, 2013 due to a previously scheduled commitment;
WHEREAS, the Parties have met and conferred to discuss and confirm their mutual availability for potential alternative dates;
WHEREAS, on March 11, 2013, the Parties discussed available dates with the Court's Courtroom Deputy, who suggested the following dates and times:
Technical tutorial - July 1, 2013, 10:00 a.m.
Claim construction hearing - July 22, 2013, 1:00 p.m. and July 23, 2013, 9:30 a.m.;
WHEREAS, the Parties are agreeable to these suggested hearing dates, subject to the Court's convenience;
FURTHERMORE, on March 14, 2013, the parties submitted a joint stipulation to the above dates (Dkt. No. 191), in response to which the Court requested that the parties meet and confer and re-submit a new stipulation including a new briefing schedule;
WHEREAS, the Parties have met and conferred to discuss and confirm a new briefing schedule as below:
May 10, 2013 Opening Claim Construction Brief
May 24, 2013 Responsive Claim Construction Brief
June 4, 2013 Reply Claim Construction Brief
June 14, 2013 Surreply Claim Construction Brief and Claim Construction Discovery Cutoff
WHEREAS, the Parties do not expect that these revisions will impact any other dates already fixed by Court Order;
THE PARTIES HEREBY STIPULATE, subject to Court approval, to the following revised dates:
May 10, 2013 Serve and File Opening Claim Construction Brief
May 24, 2013 Serve and File Responsive Claim Construction Brief
June 4, 2013 Serve and File Reply Claim Construction Brief
June 14, 2013 Serve and File Surreply Claim Construction Brief and Claim Construction Discovery Cutoff
The technical tutorial, currently set for June 21, 2013, shall be continued to July 1, 2013 at 10:00 a.m. and July 2, 2013 at 2:30 p.m.
The claim construction hearing, currently set for July 5 and July 8, 2013, shall be continued to July 22, 2013 at 1:00 p.m. and July 23, 2013 at 9:30 a.m. July 22, 23 and 26, 2013 at 2:30 p.m.
FENWICK & WEST LLP
By: _________________
Ravi Ranganath
Attorneys for Defendants
LSI Corporation and Agere Systems LLC
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By: _________________
Carl G. Anderson
Attorneys for Plaintiffs
Barnes & Noble, Inc. and
barnesandnoble.com llc
PURSUANT TO STIPULATION, IT IS SO ORDERED. ____________________
Edward M. Chen
United States District Judge
ATTESTATION PURSUANT TO GENERAL ORDER 45
Pursuant to General Order No. 45, § X(B), regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By: __________________
Carl G. Anderson
Attorneys for Plaintiffs
Barnes & Noble, In c. and
barnesandnoble.com llc