UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
January 18, 2008
AQUA-LUNG AMERICA, INC., A DELAWARE CORPORATION, PLAINTIFF,
AMERICAN UNDERWATER PRODUCTS, INC., D/B/A OCEANIC, A CALIFORNIA CORPORATION, AND TWO FORTY DEUCE CORPORATION, A COLORADO CORPORATION, DEFENDANTS, AND RELATED COUNTERCLAIMS.
The opinion of the court was delivered by: Hon. Richard Seeborg, Magistrate Judge
Hon. Richard Seeborg
STIPULATION AS TO CERTAIN DATES FOR DISCOVERY AND OTHER MATTERS AND ORDER THEREON STIPULATED AS TO CERTAIN DATES
The parties having agreed upon the schedule for certain upcoming dates, hereby submit their stipulation in accordance with the Court's previous order.
IT IS ORDERED that:
1. Defendant and Counterclaimant Two Forty Deuce Corporation to serve its identification of trade secrets pursuant to Cal. Code. Civ. Proc. 2019.210 by January 23, 2008.
2. All parties to serve written responses and/or objections to currently- pending discovery requests, which discovery requests were served in December 2007, by February 6, 2008.
3. Defendants to serve Disclosure of Asserted Claims and Preliminary Infringement Contentions pursuant to N.D. Cal. Patent L.R. 3-1 by February 27, 2008.
4. Not later than 45 days after service upon it of the "Disclosure of Asserted Claims and Preliminary Infringement Contentions," Plaintiff Aqua-Lung America, Inc. to serve its Preliminary Invalidity Contentions in accordance with N.D. Cal. Patent L.R. 3-3.
5. Not later than 10 days after service of the "Preliminary Invalidity Contentions" pursuant to Patent L.R. 3-3, each party shall simultaneously exchange a list of claim terms, phrases, or clauses which that party contends should be construed by the Court, and identify any claim element which that party contends should be governed by 35 U.S.C. § 112(6).
All subsequent claim construction deadlines to be calculated in accordance with N.D. Cal. Patent L.R. 4. Stipulated and agreed to by the parties through counsel:
DATED: January 18, 2008 Respectfully submitted, KAUTH, POMEROY, PECK & BAILEY LLP By /s/ Joel A. Kauth
Joel A. Kauth Attorneys for Defendants and Counterclaimants AMERICAN UNDERWATER PRODUCTS, INC. and TWO FORTY DEUCE CORPORATION
DATED: January 18, 2008 YOUNG & THOMPSON Douglas V. Rigler Attorneys for Plaintiff and Counterdefendant AQUA-LUNG AMERICA, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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