Opinion
CASE NO. C 10-01301 LHK (HRL)
10-11-2011
AERIELLE TECHNOLOGIES, INC., Plaintiff, v. BELKIN INTERNATIONAL, INC.; BEST BUY CO., INC.; BESTBUY.COM, LLC; BEST BUY STORES, L.P.; and RADIOSHACK CORPORATION, Defendants.
MARK FOWLER (Bar No. 124235) BRENT YAMASHITA (Bar No. 206890) CHRISTINE CORBETT (Bar No. 209128) CARRIE WILLIAMSON (Bar No. 230873) CHANG KIM (Bar No. 273393) DLA PIPER LLP (US) Attorneys for Plaintiff ROBERT W. DICKERSON (State Bar No. 89367) YASSER EL-GAMAL (State Bar. No. 189047) DAVID A. RANDALL (State Bar. No. 156722) DICKSTEIN SHAPIRO LLP JEFFREY A. MILLER (State Bar No. 160602) DICKSTEIN SHAPIRO LLP Attorneys for Defendants
MARK FOWLER (Bar No. 124235)
BRENT YAMASHITA (Bar No. 206890)
CHRISTINE CORBETT (Bar No. 209128)
CARRIE WILLIAMSON (Bar No. 230873)
CHANG KIM (Bar No. 273393)
DLA PIPER LLP (US)
Attorneys for Plaintiff
ROBERT W. DICKERSON (State Bar No. 89367)
YASSER EL-GAMAL (State Bar. No. 189047)
DAVID A. RANDALL (State Bar. No. 156722)
DICKSTEIN SHAPIRO LLP
JEFFREY A. MILLER (State Bar No. 160602)
DICKSTEIN SHAPIRO LLP
Attorneys for Defendants
STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFF TO AMEND ITS COMPLAINT AND INFRINGEMENT CONTENTIONS AND ALLOWING DEFENDANTS TO AMEND THEIR AFFIRMATIVE DEFENSES AND INVALIDITY CONTENTIONS
WHEREAS, Plaintiff filed its Second Amended Complaint for Patent Infringement on July 29, 2011 (DN121);
WHEREAS, Defendants filed their Answers and Counterclaims Re: Plaintiff‘s Second Amended Complaint for Patent Infringement on August 15, 2011 (DN127-129);
WHEREAS, Plaintiff served its Patent Local Rule 3-1 Disclosure of Asserted Claims and Infringement Contentions on December 17, 2010.
WHEREAS, Defendants served their Patent L.R. 3-3 Disclosure of Invalidity Contentions and Documents Production Under Patent L.R. 3-4 on February 3, 2011.
WHEREAS, the parties during the September 21, 2011 Status Conference represented to the Court that in view of the recently rendered Claim Construction Order and newly discovered information they had agreed to simultaneously exchange supplemental/amended infringement and invalidity contentions and amended pleadings regarding additional claims and defenses no later than Friday September 23, 2011 and meet and confer on those contentions early the following week;
WHEREAS, on or about Friday September 23, 2011 the parties exchanged their proposed amended pleadings, infringement contentions, and invalidity contentions;
WHEREAS, on Monday September 26, 2011, the parties met and conferred on their respective proposed amended pleadings and contentions and agreed to stipulate to each others amendments, subject to the Court's approval;
WHEREAS, the parties believe that good cause exists under the governing local and federal rules to permit these amendment pleadings and contentions and do not anticipate that this stipulation will affect any other dates that have been set by this Court;
WHEREAS, the parties hereby stipulate and agree, by and through their attorneys of record, to allow the September 23, 2011 exchanged amendments to their pleadings, infringement contentions, and invalidity contentions.
NOW THEREFORE, having shown good cause, the parties respectfully request the entry of an Order permitting:
(1) Plaintiff Aerielle Technologies, Inc. to amend its complaint to add claims of willful infringement against Belkin and Best Buy defendants as to U.S. Patent No. 6,671,494 and to add a claim of willful infringement against Belkin as to U.S. Patent No. 5,771,441; Plaintiff reserves its rights to assert willful infringement as to U.S. Patent No. 5,771,441 as to Best Buy and RadioShack as discovery is ongoing;
(2) Plaintiff Aerielle Technologies, Inc. to serve its September 23, 2011 exchanged infringement contentions within 2 calendar days of this Order (and will include the willful allegation against Belkin regarding the '441 patent);
(3) Defendant Best Buy to amend their answers to add affirmative defenses of equitable estoppel and Defendants reserve their rights in all other respects including with respect to lack of standing, substitution of plaintiff, and any right, claim or defense relating to the issue of the transfer of ownership of the patents-in-suit; and
(4) Defendants to serve their September 23, 2011 exchanged invalidity contentions within 2 calendar days of this Order.
Plaintiff is to file its amended complaint within 5 calendar days of this Order. Defendants to file their amended answers and counterclaims within 15 calendar days of this Order.
By entering into this stipulation the parties do not waive and expressly reserve any other rights, claims or defenses.
DICKSTEIN SHAPIRO LLP
Robert W. Dickerson
Attorneys for Defendants
DLA PIPER LLP
Christine Corbett
Attorneys for Plaintiff
PURSUANT TO STIPULATION, IT IS SO ORDERED.
LUCY H. KOH
United States Distric Court Judge