Robert Bosch Healthcare Systems, Inc. -v- MedApps, Inc.
Filing
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STIPULATION AND ORDER TO EXTEND DATE OF THE MEDIATION CONFERENCE. Signed by Judge Richard Seeborg on 8/21/12. (cl, COURT STAFF) (Filed on 8/21/2012)
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WOMBLE CARLYLE SANDRIDGE & RICE, LLP
Behrooz Shariati (#174436)
Email: bshariati@wcsr.com
10050 North Wolfe Road, Suite 260
Cupertino, CA 95014
Telephone: (408) 341-3040
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Malcolm K. McGowan (admitted pro hac vice)
Email: mmcgowan@wcsr.com
Christine H. Dupriest (admitted pro hac vice)
Email: cdupriest@wcsr.com
1200 Nineteenth St. NW, Suite 500
Washington, DC 20036
Telephone: (202) 857-4572
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KING AND SPALDING
William F. Abrams (#88805)
Email: babrams@kwlaw.com
333 Twin Dolphin Drive, Suite 400
Redwood Shores, California 94065
Telephone: (650) 590-0703
Attorneys for Defendant/Counterclaimant
MEDAPPS, INC.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERT BOSCH HEALTHCARE
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SYSTEMS INC.,
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Case No.: CV 12-00113-RS
Plaintiff,
v.
JOINT MOTION FOR LEAVE TO
EXTEND DATE OF THE MEDIATION
CONFERENCE
MEDAPPS, INC.,
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Defendant
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MEDAPPS, INC.,
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Counterclaimant,
v.
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ROBERT BOSCH HEALTHCARE
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SYSTEMS, INC.,
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Counterclaim-Defendant
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-1-
JOINT MOTION FOR LEAVE TO EXTEND DATE OF THE MEDIATION CONFERENCE
CASE NO: CV12-00113 RS
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Defendant /Counterclaimant MedApps, Inc. (“MedApps”) and Plaintiff/Counterclaim
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Defendant Robert Bosch Healthcare Systems, Inc. (“Bosch,” together with MedApps, the
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“Parties”) by and through their undersigned counsel, respectfully move this Court to extend the
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deadline for the Mediation Conference by one month. In support of this Motion, the Parties
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respectfully state the following:
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1. On May 25, 2012, the Court entered the Case Management Scheduling Order [Docket
No. 44]. The Court set the deadline for the mediation to be completed within 120
days of the entry of this Order, or by September 24, 2012.
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2. On June 15, 2012, the Court appointed A. James Isbester as Mediator (the
“Mediator”) in this case [Docket No. 45].
3. On July 16, 2012, a pre-mediation teleconference was held with the Mediator and all
Parties. At that time, the Mediator was informed that MedApps has recently merged
with Alere, Inc. (“Alere”). Alere has a license for each of the Patents-in-Suit. In light
of this merger and on-going informal settlement discussions, the parties postponed
scheduling and other substantive discussions to a second pre-mediation
teleconference to be held on August 16, 2012.
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4. On August 16, 2012, the second pre-mediation teleconference was held with the
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Mediator and all Parties. During that call, a formal mediation was scheduled for
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October 19, 2012 in San Francisco, California, with briefs to be due on October 16,
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2012. This date was chosen to accommodate the Parties’ schedules as well as to
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allow limited discovery related to alleged damages to occur prior to the mediation.
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5. Good cause exists to extend the date for mediation to be completed by thirty (30)
days to accommodate these needs.
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WHEREFORE, the Parties jointly request that deadline for the Mediation Conference be
extended for thirty (30) days from September 24, 2012, to and including, October 24, 2012.
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JOINT MOTION FOR LEAVE TO EXTEND DATE OF THE MEDIATION CONFERENCE
CASE NO: CV12-00113 RS
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DATED: August 21, 2012
WOMBLE CARLYLE SANDRIDGE & RICE LLP
By:
/s/ Christine H. Dupriest
Malcolm K. McGowan (admitted pro hac vice)
Christine H. Dupriest (admitted pro hac vice)
1200 Nineteenth St., NW, Suite 500
Washington, DC 20036
Telephone: (202) 857-4572
Facsimile: (202) 261-0033
Email: mmcgowan@wcsr.com
Email: cdupriest@wcsr.com
Behrooz Shariati (State Bar No. 174436)
10050 North Wolfe Road, Suite 260
Cupertino, CA 95014
Telephone: (408) 341-3040
Facsimile: (408) 703-5440
Email: bshariati@wcsr.com
William F. Abrams (State Bar No. 88805)
KING & SPALDING
333 Twin Dolphin Drive, Suite 400
Redwood Shores, California 94065
Telephone: (650) 590-0703
Facsimile: (650) 590-7779
Email: babrams@kslaw.com
Attorneys for Defendant and Counterclaimant
MEDAPPS, INC.
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JOINT MOTION FOR LEAVE TO EXTEND DATE OF THE MEDIATION CONFERENCE
CASE NO: CV12-00113 RS
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DORSEY & WHITNEY LLP
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By:
/s/ Patricia A. Welch__________________________
Patricia A. Welch (State Bar No. 127889)
305 Lytton Avenue
Palo Alto, CA 94301
Telephone: (650) 857-1717
Email: welch.patricia@dorsey.com
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Douglas F. Stewart (admitted pro hac vice)
Todd S. Fairchild (admitted pro hac vice)
701 Fifth Avenue, Suite 6100
Seattle, WA 98104
Telephone: (206) 903-8800
Email: stewart.douglas@dorsey.com
Email: fairchild.todd@dorsey.com
Attorney for Plaintiff Robert Bosch Healthcare Systems,
Inc.
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[PROPOSED] ORDER
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The Court, having considered the parties’ above Joint Motion for Leave to Extend Date
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August
of the Mediation Conference, it is this __ day of __________, 2012, by the United States District
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Court for the Northern District of California, ORDERED that:
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1. The motion is GRANTED; and
2. The date by which the Mediation Conference is to be held is hereby extended from
September 24, 2012 to October 24, 2012.
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_________________________________
Judge Richard Seeborg
United States District Judge
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JOINT MOTION FOR LEAVE TO EXTEND DATE OF THE MEDIATION CONFERENCE
CASE NO: CV12-00113 RS
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