Opinion
CASE NO. 11-CV-0171 (PSG)
10-11-2011
SOLANNEX, INC., Plaintiff, v. MIASOLÉ Defendant.
Gregory S. Tamkin (State Bar No. 175009) Case Collard (State Bar No. 245834) DORSEY & WHITNEY LLP Attorneys for Plaintiff SOLANNEX, INC. Claude M. Stern (Bar No. 96737) Ray Zado (Bar No. 208501) Anna T. Neill (Bar No. 270858) QUINN EMANUEL URQUHART & SULLIVAN, LLP Attorneys for Defendant and Counterclaim Plaintiff MIASOLÉ, INC.
Gregory S. Tamkin (State Bar No. 175009)
Case Collard (State Bar No. 245834)
DORSEY & WHITNEY LLP
Attorneys for Plaintiff
SOLANNEX, INC.
Claude M. Stern (Bar No. 96737)
Ray Zado (Bar No. 208501)
Anna T. Neill (Bar No. 270858)
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Attorneys for Defendant and Counterclaim
Plaintiff MIASOLÉ, INC.
STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR PATENT L.R. 4-3 JOINT CLAIM
CONSTRUCTION AND PREHEARING STATEMENT
[Civil L.R. 6-1, 6-2]
Honorable Paul S. Grewal
United States District Judge
Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Solannex, Inc. ("Solannex") and Defendant MiaSolé respectfully request that the Court enter the stipulation Enlarging Time for the filing of the Patent L.R. 4-3 Joint Claim Construction and Prehearing Statement. The parties AGREE AND STIPULATE to extend the deadline for such exchange from Monday, October 10, 2011 until Wednesday, October 12, 2011.
1. Reason for the Request
The parties are continuing to negotiate in a an attempt to limit the claim terms in dispute and hope to reach agreement on these terms soon. Therefore, in order to simplify the claim construction process, the parties have agreed to extend the deadline for the exchange of preliminary claim constructions by one court day. Because the initially scheduled due date falls on a court holiday, October 10, 2011, a one-day extension of the filing date results in a due date of October 12, 2011.
2. Prior Time Modifications
The time for MiaSolé to answer or otherwise respond to the Complaint was previously extended by 30 days. The Initial Status Conference was previously extended by 15 days from February 28 to March 15. Solannex was allowed to supplement its May 10, 2011 infringement contentions 48 days later, on June 27, 2011. MiaSolé's invalidity contention deadline was previously extended by 17 days from June 24, 2011 to July 11, 2011. On August 19, 2011, pursuant to a stipulated scheduled agreed to by the parties, the Court entered a Second Amended Case Management Order that, inter alia, extended the claim construction deadlines sucéh that the claim construction hearing was extended by approximately three and one half months. The subsequent dates were also extended such that the trial date was extended by approximately two and one half months. The parties stipulated and the court granted a two-day extension for the Patent L.R. 4-2 Exchange of Preliminary Claim Constructions from September 19, 2011 to September 21, 2011.
3. Effect of Requested Modification
These extension currently under discussion will have no effect on the dates for claim construction briefing or any subsequent deadlines in this case.
So Stipulated.
DORSEY & WHITNEY LLP
By Gregory S. Tamkin (State Bar No. 175009)
Case Collard (State Bar No. 245834)
Attorneys for Plaintiff SOLANNEX, INC.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By Claude M. Stern (Bar No. 96737)
Ray Zado (Bar No. 208501)
Anna T. Neill (Bar No. 270t8h58)
Attorneys for MIASOLÉ
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Honorable Paul S. Grewal
United States District Judge
ATTESTATION
I hereby attest pursuant to General Order 45.X.B that concurrence in the electronic filing of this document has been obtained from the signatories.
Anna T. Neill
CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's ECF System.
Anna T. Neill