Rambus Inc. v. International Business Machines Corporation, No. 3:2010cv03736 - Document 64 (N.D. Cal. 2011)

Court Description: ORDER GRANTING (47 in 3:10-cv-04017-JSW) and (63 in 3:10-cv-03736-JSW) Stipulation Re: Case Schedule: Claims Construction Hearing set for 10/18/2011 01:30 PM. Tutorial Hearing set for 10/4/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 5/31/11. (jjoS, COURT STAFF) (Filed on 5/31/2011)

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Rambus Inc. v. International Business Machines Corporation Case3:10-cv-03736-JSW Document63 1 2 3 4 5 6 Doc. 64 Filed05/27/11 Page1 of 6 Barbara Clarke McCurdy (Admitted Pro Hac Vice) barbara.mccurdy@finnegan.com Naveen Modi (Admitted Pro Hac Vice) naveen.modi@finnegan.com Srikala P. Atluri (Admitted Pro Hac Vice) srikala.atluri@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 7 8 9 10 11 12 Tina E. Hulse (CA Bar No. 232936) tina.hulse@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304-1203 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 Attorneys for Plaintiff Rambus Inc. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 RAMBUS INC., 18 CASE NO. C 10-03736 JSW (Related Case: C 10-04017 JSW) Plaintiff, STIPULATION RE: CASE SCHEDULE; 19 20 v. INTERNATIONAL BUSINESS MACHINES CORPORATION, 21 SUPPORTING DECLARATION OF TINA E. HULSE; [PROPOSED] ORDER AS MODIFIED Defendant. 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. C 10-03736 JSW Dockets.Justia.com Case3:10-cv-03736-JSW Document63 1 Filed05/27/11 Page2 of 6 Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Rambus Inc. (“Rambus”) and Defendant 2 International Business Machines Corporation (“IBM”), through their respective counsel of record, 3 respectfully request, and with the Court’s permission, stipulate to a two-week extension of the 4 current case schedule to allow the parties to finalize the settlement agreement and associated papers. 5 The parties note that they have exchanged drafts and are currently working on finalizing the papers. 6 More specifically, with the Court’s permission, the parties hereby stipulate that the current schedule 7 set forth in the May 12, 2011, Stipulated Order [Dkt. 62] be modified as follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 EVENT CURRENT SCHEDULE PROPOSED DATE Exchange of Preliminary Claim Constructions and Extrinsic Evidence (Patent L.R. 4-2(a), (b)) May 31, 2011 June 13, 2011 Meet and confer re Joint Claim Construction and Prehearing Statement (Patent L.R. 4-2(c)) June 6, 2011 June 20, 2011 Last day to request leave to designate additional terms for claims construction JSW Standing Order ¶ 4 June 10, 2011 June 24, 2011 Joint Claim Construction and Prehearing Statement (Patent L.R. 4-3) – Includes Expert Testimony. Parties must attach copies of patents, make available file histories to Court for each involved patent June 24, 2011 July 8, 2011 Completion of Claim Construction Discovery (Patent L.R. 4-3) July 25, 2011 August 8, 2011 Rambus Opening Claim Construction Brief (Patent L.R. 4-5(a)). 25 page limit August 8, 2011 August 22, 2011 IBM Responsive Claim Construction Brief (Patent L.R. 4-5(b)). 25 page limit August 22, 2011 September 6, 2011 21 22 23 24 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. C 10-03736 JSW Case3:10-cv-03736-JSW Document63 1 2 3 4 EVENT Rambus - Reply Brief and any evidence directly rebutting the supporting evidence (Patent L.R. 4-5(c)). 15 page limit Filed05/27/11 Page3 of 6 CURRENT SCHEDULE PROPOSED DATE August 29, 2011 September 12, 2011 Tutorial for the Court September 21, 2011 October 5, 2011, or any later date, subject to the convenience of the Court’s calendar Claim Construction (“Markman”) Hearing (Patent L.R. 4-6). October 5, 2011 October 19, 2011, or any later date, subject to the convenience of the Court’s calendar 5 6 7 Amended Joint Claim Construction Statement 8 9 10 11 12 13 14 15 By her signature below, counsel for Plaintiff attests that counsel for Defendant concurs in the filing of this stipulation. Respectfully submitted, 16 17 Date: May 27, 2011 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 18 19 20 21 22 23 By: /s/ Tina E. Hulse Tina E. Hulse (CA Bar No. 232936) tina.hulse@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304-1203 Telephone:(650) 849-6600 Facsimile: (650) 849-6666 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. C 10-03736 JSW Case3:10-cv-03736-JSW Document63 1 Filed05/27/11 Page4 of 6 Barbara Clarke McCurdy (Admitted Pro Hac Vice) barbara.mccurdy@finnegan.com Naveen Modi (Admitted Pro Hac Vice) naveen.modi@finnegan.com Srikala P. Atluri (Admitted Pro Hac Vice) srikala.atluri@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001 Telephone:(202) 408-4000 Facsimile: (202) 408-4400 2 3 4 5 6 7 Attorneys for Plaintiff, Rambus Inc. 8 9 Dated: May 27, 2011 10 11 12 By: /s/ Edward A. Kmett Edward A. Kmett (SBN: 204374) FITZPATRICK, CELLA, HARPER & SCINTO 650 Town Center Drive, Suite 1600 Costa Mesa, CA 92626 Telephone: (714) 540-8700 Facsimile: (714) 540-9823 13 14 Attorneys for Defendant, International Business Machines Corporation 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. C 10-03736 JSW Case3:10-cv-03736-JSW Document63 SUPPORTING DECLARATION OF TINA E. HULSE 1 2 Filed05/27/11 Page5 of 6 I, TINA E. HULSE, declare as follows: 3 1. I am an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., counsel 4 for Plaintiff Rambus Inc. (“Rambus”). I submit this declaration in support of the parties’ Stipulation 5 Regarding Case Schedule. I make this declaration of my own personal knowledge and will 6 competently testify thereto if called upon to do so. 7 2. On April 15, 2011, and May 12, 2011, the Court entered Stipulated Orders [Dkt. Nos. 60 8 and 62], which set forth the claim construction briefing schedule for this action. The May 12, 2011, 9 Stipulated Order [Dkt 62] also set the technology tutorial for September 21, 2011, at 1:30 p.m. and 10 the Markman Hearing for October 5, 2011, at 1:30 p.m. 11 3. The parties, both the respective corporate representatives and outside counsel, have been 12 actively discussing resolution of this case, have reached a settlement in principle, and have 13 exchanged drafts of the settlement papers and are currently working on finalizing them. 14 Accordingly, the parties have met and conferred and agree that continuing the case schedule for two 15 weeks will facilitate finalization of the necessary settlement papers precedent to resolution of this 16 action. 17 4. The Court previously granted the Stipulated Orders to permit settlement discussions. 18 Otherwise, the only time modification in this case was to change the Case Management Conference 19 from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus’s motion to 20 dismiss in related case, International Business Machines Corp. v. Rambus Inc., 21 No. C 10-04017 JSW. See Dkt. 48. 22 23 24 25 5. The requested modification in the current case schedule will not affect any other pre-trial deadlines, as the pre-trial schedule has not yet been entered in this case. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct, and this declaration was executed this 27th day of May, 2011. 26 /s/ Tina E. Hulse Tina E. Hulse 27 28 4 STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. C 10-03736 JSW Case3:10-cv-03736-JSW Document63 Filed05/27/11 Page6 of 6 1 [PROPOSED] ORDER 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED. The tutorial will be held at 1:30 p.m. on October 4, 2011 and the claims construction hearing will be held at 1:30 on October 18, 2011 at 1:30 p.m. 3 4 31 Dated: May __, 2011 5 The Honorable Jeffrey S. White United States District Judge Northern District of California 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. C 10-03736 JSW

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