AND RELATED COUNTERCLAIMS
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS
Plaintiff QinetiQ Limited ("QinetiQ") and Defendant Oclaro Inc. ("Oclaro"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, on June 28, 2010, QinetiQ filed its Motion for Leave to Amend Infringement Contentions (the "Motion");
WHEREAS, the Motion seeks the Court's adjudication of the parties' disputes concerning the following issues relating to QinetiQ's Infringement Contentions:
Issue No. 1: Whether QinetiQ was required to disclose in its Infringement Contentions the claim limitations in the patents-in-suit that it contends are governed by 35 U.S.C. § 112(6).
Issue No. 2: Whether QinetiQ properly reserved in its Infringement Contentions its right to assert infringement under the doctrine of equivalents.
Issue No. 3: Whether QinetiQ was required to disclose dates of conception and reduction to practice in its Infringement Contentions.
Issue No. 4: To the extent that the Court finds any deficiencies in QinetiQ's Infringement Contentions relating to (1), (2) or (3) above, whether QinetiQ should be granted leave to amend its Infringement Contentions to address them.
Issue No. 5: Whether QinetiQ should be granted leave to amend its infringement contentions to include disclosure of certain experimental apparatus and prototypes used to reduce to practice the inventions claimed in the patents-in-suit.
WHEREAS, The parties have reached a mutually agreeable resolution of Issue Nos. 1 through 4 that moots those Issues and obviates the need for Court intervention regarding Issue Nos. 1 through 4;
WHEREAS, via a letter dated July 21, 2010, QinetiQ provided Oclaro with QinetiQ's proposed amendment with respect to Issue No. 5 (the "Proposed Amendment");
WHEREAS, Oclaro does not oppose QinetiQ's amendment of its Infringement Contentions to reflect the Proposed Amendment;
THEREFORE, the parties hereby stipulate to QinetiQ's amendment of its Infringement Contentions to change its Patent Local Rule 3-1(g) contention to the following:
"QinetiQ reserves the right to rely on the assertion that the following apparatus, product, device, process, method, act or other instrumentality ...