UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 22, 2008
PRIVASYS, INC. PLAINTIFF,
AMERICAN EXPRESS COMPANY AND AMERICAN SERVICES COMPANY, INC., DEFENDANTS.
The opinion of the court was delivered by: Honorable Susan Illston United States District Judge
STIPULATED REQUEST TO RESCHEDULE LITIGATION DATES EXPRESS TRAVEL RELATED
Defendants American Express Company and American Express Travel Related Services Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff PrivaSys, Inc. ("Plaintiff") and Company, Inc. ("Defendants"), hereby stipulate through their respective counsel of record as follows:
the result of which litigation dates were ordered by the Court; and resulting order, the parties believe that an extension of litigation dates is appropriate for the following reasons: The parties are engaged in settlement discussions, and believe that an extension of dates may aid the parties in their efforts to resolve this litigation and may economize on the resources of the Court and of the parties; and Management Conference, set forth in the Court's July 11, 2008 Civil Pretrial Minutes, includes two typographical errors, in that the Minutes state "9/4/08" is the date for "Disclosure of Documents" (when the parties had stipulated to a date of July 21, 2008 for these matters and the Minutes further state that "7/21/08" is the date to "Serve Preliminary Invalidity Contentions by 19 pltf. and production of documents" (when the parties had stipulated to a date of September 4, Management Conference); and date has yet been set;
WHEREAS the Case Management Conference in this case was held on July 11, 2008, as
WHEREAS, notwithstanding the recent occurrence of the Case Management Conference
WHEREAS it appears to the parties that the Court's order following the Case Asserted Claims and Preliminary Infringement Contentions by deft. and Production of Court indicated its approval at the July 11, 2008 Case Management Conference); and the 2008 for these matters and the Court indicated its approval at the July 11, 2008 Case 21
WHEREAS no previous extensions of time have been granted in this case and no trial
NOW THEREFORE the parties through their undersigned counsel hereby stipulate to, and request the Court to order, the continuance of litigation dates by three weeks as set forth in the proposed order attached hereto. Concerning the November 14, 2008 date now set for Further Case Management Conference, the parties do not see a need to continue it, and therefore do not request a continuance as to it. Concerning the March 11, 2009 date now set for the Markman hearing, the parties request that the Court re-schedule it for April 1, 2009 or as soon 8 thereafter as is convenient for the Court.
IT IS SO STIPULATED
DATED: July 18, 2008 HOSIE RICE LLP By: __/s/ George F. Bishop_____ George F. Bishop Attorneys for Plaintiff PrivaSys, Inc.
DATED: July 18, 2008 KIRKLAND AND ELLIS LLP Perry Clark Attorneys for Defendant American Express Company and American Express Travel Related Services Company, Inc.
I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing of this document has been obtained from the other signatories.
DATED: July 18, 2008
George F. Bishop
Pursuant to the stipulation of the parties, it is hereby ORDERED that the compliance dates set forth in the Court's Civil Pretrial Minutes, dated July 11, 2008, are continued to the 4 dates set forth below.
8/11/08 Disclosure of Asserted Claims and Preliminary Infringement Contentions (Pat.L.R. 3-1 &2) by plaintiff and production of documents
9/25/08 Serve Preliminary Invalidity Contentions (Pat.L.R. 3-3 &4) by defendant and production of documents
10/6/08 Parties Exchange Proposed Terms & Claim Elements (Pat.L.R. 4-1)
10/27/08 Parties Exchange Preliminary Claim Construction & Extrinsic Evidence (Pat.L.R. 4-2)
11/24/08 File Joint Claim Construction & Prehearing Statement
1/8/09 Completion of Claim Construction Discovery (Pat.L.R. 4-4)
2/6/09 File Opening Brief on Claim Construction (Pat.L.R. 4-5)
3/6/09 File Responsive Brief on Claim Construction (Pat.L.R. 4-5)
3/20/09 Reply Brief on Claim Construction
November 14, 2008 at 2:30 Further Case Management Conference p.m. at 3:30 p.m. April 1, 2009 [or date to be set Markman Hearing by the Court]
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