Opinion
DOUGLAS E. LUMISH, RICHARD G. FRENKEL, LISA K. NGUYEN, NATASA PAJIC, LATHAM & WATKINS LLP, Menlo Park, CA,
KYLE A. VIRGIEN, LATHAM & WATKINS LLP, San Francisco, CA, Attorneys for Plaintiff and Counter-Defendant, WHATSAPP INC.
Timothy Devlin, DEVLIN LAW FIRM LLC, Counsel for InterCarrier Communications, LLC
STIPULATION TO WITHDRAW EXPERT CLAIM CONSTRUCTION DECLARATIONS
JON S. TIGAR, District Judge.
WHEREAS WhatsApp, Inc. ("WhatsApp") included with its responsive claim construction brief a Declaration of Michael J. Freedman in Support of WhatsApp's Responsive Claim Construction Brief.
WHEREAS ICC has raised with WhatsApp the procedural issue that neither party had disclosed expert testimony in the parties' Joint Claim Construction and Pre-Hearing Statement.
WHEREAS InterCarrier Communications, LLC ("ICC"), as a precaution, included with its reply claim construction brief a Declaration of Regis J. Bates Jr. in Support of InterCarrier Communications LLC's Reply Claim Construction Brief.
WHEREAS the parties prefer to avoid any possibility that they may be acting out of concert with the Patent Local Rules.
IT IS HEREBY STIPULATED AND AGREED, by and among the parties and their respective counsel of record and with the permission of the Court, that the parties withdraw their respective expert declarations and all citations to these declarations in the claim-construction briefing.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.