Opinion
E. Patrick Ellisen, CA Bar No. 142033 Daniel T. McCloskey, CA Bar No. 191944 Jong P. Hong, CA Bar No. 225785 it seee try it with the touch up tool GREENBERG TRAURIG LLP East Palo Alto, CA. Brian A. Carpenter, pro hac vice GREENBERG TRAURIG LLP Denver, CO, Attorneys for Plaintiff and Cross-Defendant, PROTECTIVE OPTICS, INC.
Michael Lisi Attorneys for Defendant and Cross-Complainant, PANOPTX, INC.
STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE FOR PROTECTIVE OPTICS, INC. TO SERVE ITS AMENDED FINAL INFRINGEMENT CONTENTIONS [No Trial Date Set]
CHARLES R. BREYER, District Judge.
In connection with and in support of the Miscellaneous Administrative Request For Leave To Amend Its Final Infringement Contentions which is filed concurrently herewith and pursuant to Patent L.R. 3-7, and Civil L.R. 7-11 and 7-12, Plaintiff and Cross-Defendant Protective Optics, Inc. and Defendant and Cross-Complainant Panoptx, Inc. (collectively, the "Parties"), by and through their undersigned attorneys, state and agree as follows:
Whereas, on November 17, 2006, the Court entered an Order extending the deadline for Protective Optics' final infringement contentions until January 8, 2007; Whereas, Protective Optics served its final infringement contentions on January 8, 2007;
Whereas, the identification of certain Protective Optics products that practice the claimed invention under Patent Local Rule 3-1(f) was inadvertently not included in its Final Infringement Contentions;
Whereas, Protective Optics requests that the Court, for good cause, enter an order permitting Protective Optics to serve its amended final infringement contentions by January 19, 2007;
Whereas, Protective Optics' Amended Final Infringement Contentions will not unduly burden any party nor cause a delay in the trial of this case;
NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, subject to Court approval, as follows:
1. Protective Optics shall serve its amended final infringement contentions not later than January 19, 2007.
I, E. Patrick Ellisen, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Granting Leave for Protective Optics, Inc. to Serve Its Amended Final Infringement Contentions. In compliance with General Order 45, X.B., I hereby attest that Michael Lisi has concurred in this filing.
PURSUANT TO STIPULATION; IT IS SO ORDERED.