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Research In Motion Limited v. Visto Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 10, 2008

RESEARCH IN MOTION LIMITED, PLAINTIFF,
v.
VISTO CORPORATION, DEFENDANT.
VISTO CORPORATION, COUNTERCLAIMANT,
v.
RESEARCH IN MOTION LIMITED, AND RESEARCH IN MOTION CORPORATION, COUNTERDEFENDANTS.

The opinion of the court was delivered by: Hon. Maxine M. Chesney United States District Judge

STIPULATION AND [PROPOSED] ORDER MODIFYING COURT DEADLINES UNDER PATENT RULES 4-2, 4-3 AND 4-4

Visto Corporation and Research In Motion Limited and Research In Motion Corporation, through their respective counsel, stipulate as follows:

1. On October 1, 2007, the parties filed a CASE MANAGEMENT AND DOCKET CONTROL ORDER (Docket No. 21) ("Case Management Order");

2. On October 9, 2007, the Court issued an order adopting with certain exceptions the Case Management Order (Docket No. 22);

3. The Exchange of Preliminary Claim Constructions under Patent L.R. 4-2 is currently scheduled for January 10, 2008; and

4. The filing of the Joint Claim Construction and Prehearing Statement under Patent L.R. 4-3 is currently scheduled for February 11, 2008;

5. The date for the completion of Claim Construction Discovery under Patent L.R. 4-4 is currently scheduled for March 12, 2008; and

6. The Parties currently are in the process of meeting and conferring on the terms to be construed and believe that additional time is necessary to complete the meet and confer process.

In order to complete a meaningful meet and confer on the terms to be construed, the parties hereby agree, subject to approval by the Court, to the following modifications to the Case Management Order:

1. The date of the Exchange of Preliminary Claim Constructions under Patent L.R. 4-2 shall be extended from January 10, 2008 to January 24, 2008;

2. The date for filing the Joint Claim Construction and Prehearing Statement under Patent L.R. 4-3 shall be extended from February 11, 2008 to February 25, 2008;

3. The date for the completion of Claim Construction Discovery under Patent L.R. 4-4 shall be extended from March 12, 2008 to March 26, 2008;

4. This stipulation is limited to compliance with Patent L.R. 4-2, Patent L.R. 4-3 and Patent L.R. 4-4 and does not relate to any other phase of this case; and

5. No other deadlines under the Case Management Order are affected by this stipulation.

IT IS SO STIPULATED.

DATED: January 9, 2008

MANATT, PHELPS & PHILLIPS, LLP Eugene L. Hahm Attorneys for Defendant and Counterclaimant VISTO CORPORATION

DATED: January 9, 2008

KIRKLAND & ELLIS LLP Philip T. Chen Attorneys for Plaintiff and Counterdefendants RESEARCH IN MOTION LIMITED, and RESEARCH IN MOTION CORPORATION

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Eugene Hahm hereby attests that concurrence in the filing of this document has been obtained.

ORDER

Good cause appearing, the parties' stipulation is hereby GRANTED. The deadlines for 3 compliance with Patent L.R. 4-2 - 4-4 as set forth in the stipulation are modified as follows:

Exchange of Preliminary Claim Constructions January 24, 2008 6 under Patent L.R. 4-2 Joint Claim Construction and Prehearing February 25, 2008

Statement under Patent L.R. 4-3

Completion of Claim Construction Discovery March 26, 2008 10 under Patent L.R. 4-4

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20080110

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