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Pagemelding, Inc. v. Feeva Technology

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 10, 2008

PAGEMELDING, INC., PLAINTIFF,
v.
FEEVA TECHNOLOGY, INC. HITWISE USA, INC., KINDSIGHT, INC., MICROSOFT CORPORATION, AND NEBUAD, INC., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Charles R. Breyer United States District Judge

CORRECTED [PROPOSED] ORDER AND STIPULATION SELECTING ADR PROCESS

It has come to counsels' attention that although both the parties' stipulation and the Court's docket entry accurately reflect the parties' agreement to participate in private mediation no later than 30 days after a Claim Construction Order is issued by the Court, the Proposed Order previously submitted and signed by the Court on October 31, 2008, did not accurately reflect that date. As such, a CORRECTED Proposed Order is hereby submitted, along with the parties' stipulation.

Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5:

Court Processes:

__ Non-binding Arbitration (ADR L.R. 4)

__ Early Neutral Evaluation (ENE) (ADR L.R. 5)

__ Mediation (ADR L.R. 6)

(Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5)

Private Process:

X_ Private ADR (please identify process and provider) _Mediation

_____________________________________________________________________________

The parties agree to hold the ADR session by:

__ the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered. )

X_ other requested deadline _ No later than 30 days after a Claim Construction Order is issued by the Court __

Dated: November 7, 2008

FISH & RICHARDSON P.C.

Kelly C. Hunsaker Attorneys for Defendant

MICROSOFT CORPORATION

Dated: November 7, 2008

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

John K. Grant

JOHN C. HERMAN (Pro Hac Vice)

RYAN K. WALSH (Pro Hac Vice) E. JOSEPH BENZ III (Pro Hac Vice) Monarch Centre, Suite 1650 3424 Peachtree Road, N.E. Atlanta, GA 30326 Telephone: 404/504-6500 404/504-6501 (fax) Attorneys for Plaintiff PAGEMELDING, INC.,

Dated: November 7, 2008

BERTRAND, FOX & ELLIOT COURTNEY, STANIFORD & GREGORY Richard W. Osman Gregory M. Fox BERTRAND, FOX & ELLIOT The Waterford Building 2749 Hyde Street San Francisco, CA 94109 Telephone: (415) 353-0999 Facsimile: (415) 353-0990 Email: rosman@bfesf.com

Geoffrey T. Staniford COURTNEY, STANIFORD & GREGORY 10001 N. De Anza Blvd., Suite 300 Cupertino, CA 95014 Telephone: (408) 342-1904 Facsimile: (408) 342-1909 Email: gstaniford@csgip.com Attorneys for Defendant

FEEVA TECHNOLOGY, INC.

Dated: November 7, 2008

CROWELL & MORING LLP R. Scott Feldmann Jonathan M. Lindsay Thomas E. Dietrich 3 Park Plaza, 20th Floor Irvine, CA 92614-8505 Telephone: (949) 263-8400 Facsimile: (949) 263-8414 rfeldmann@crowell.com jlindsay@crowell.com tdietrich@crowell.com

Jennifer H. Burdman (Pro Hac Vice) CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2595 Telephone: (202) 624-2500 Facsimile: (202) 628-5116 jburdman@crowell.com Attorneys for Defendant HITWISE USA, INC.

Dated: November 7, 2008

ORRICK, HERRINGTON & SUTCLIFFE LLP Jeffrey Andrew Miller Sanjeet K. Dutta 1000 Marsh Road Menlo Park, CA 94025 Telephone: (650) 614-7400 Facsimile: (650) 614-7401 sdutta@orrick.com Attorneys for Defendant

KINDSIGHT, INC.

Dated: November 7, 2008

K&L GATES LLP

Jon Michaelson Ben S. Bedi 630 Hansen Way Palo Alto, CA 94304 Telephone: (650) 798-6700 Facsimile: (650) 798-6701 jon.michaelson@klgtes.com ben.bedi@klgates.com Attorneys for Defendant

NEBUAD, INC. Additional Counsel: Jason W. Wolff (#215819; wolff@fr.com)

FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, California 92130 Telephone: (858) 678-5070 Facsimile: (858) 678-5099

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of 18 perjury that concurrence in the filing of this document has been obtained for the signatures indicated by a "conformed" signature within this efiled document.

Dated: November 7, 2008

FISH & RICHARDSON P.C. Leeron G. Kalay Attorneys for Defendant MICROSOFT CORPORATION

Pursuant to the Stipulation above, the captioned matter is hereby referred to Private ADR.

The deadline for the ADR session is no later than 30 days after a Claim Construction Order is issued by the Court. This Order replaces the one previously entered by the Court on October 31, 2008.

IT IS SO ORDERED.

20081110

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