The opinion of the court was delivered by: Honorable Susan Illston U.S. District Court Judge
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
Plaintiff Implicit Networks, Inc. ("Plaintiff") and defendant F5 Networks, Inc. ("Defendant"), hereby stipulate through their respective counsel of record as follows:
WHEREAS, on or about July 30, 2010, Plaintiff served its Original Complaint upon Defendant; Plaintiff's Complaint alleges counts for patent infringement, including direct infringement, induced infringement, contributory infringement and willful infringement;
WHEREAS, Defendant filed its Answer to Complaint, and Counter-Complaint for Declaratory Judgment of Invalidity and Non-Infringement of U.S. Patent Nos. 6,629,163 and 7,711,857 on or about October 13, 2010, and Plaintiff filed its Answer to Counterclaim on or about November 3, 2010;
WHEREAS, Plaintiff has drafted its First Amended Complaint, in order to allege in more detail facts relating to its claims for relief for induced infringement, contributory 14 infringement and willful infringement;
WHEREAS, Defendant and Plaintiff have agreed and stipulated to
Plaintiff's filing of
the First Amended Complaint; and
WHEREAS, no trial date has yet been set in this action;
WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that Plaintiff may have leave to file its First Amended Complaint, attached hereto as Exhibit 1.
Plaintiff and Defendant, through their respective counsel of record, have agreed to this filing.
HOSIE RICE LLP By: ___/s/ George F. Bishop________ George F. Bishop Attorneys for Plaintiff Implicit Networks, Inc. K&L GATES LLP By: /s/D. Shane Brun D. Shane Brun Attorneys for Defendant F5 Networks, Inc.
I hereby attest pursuant to General Order 45.X.B. that concurrence in
filing of this document has been obtained from the other
s/ George F. Bishop George F. Bishop
PURSUANT TO STIPULATION IT IS ...