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Abaxis, Inc v. Cepheid

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 17, 2010

ABAXIS, INC., PLAINTIFF AND COUNTER-DEFENDANT,
v.
CEPHEID,
DEFENDANT AND COUNTER-CLAIMANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE

Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff-Counterdefendant Abaxis Inc.

("Abaxis") and Defendant-Counterclaimant Cepheid ("Cepheid") respectfully submit the 14 following stipulation and proposed order extending the deadlines for the events set forth below 15 concerning invalidity disclosures and claim construction. The following amendment to the current 16 scheduling order (Dkt Nos. 18, 20) is proposed in light of Cepheid's recent retaining of Fish & 17 Richardson PC as lead counsel in the above-captioned matter and will not affect the dates for 18 claim construction briefing or the hearing.

1. The time for disclosure of invalidity contentions and producing accompanying documents pursuant to Patent Local Rule ("Pat. L.R.") 3.3-3.4 shall be extended from January 12, 2011 to January 26, 2011.

2. The time for exchanging proposed terms and claim elements for construction pursuant to Pat. L.R. 4.1(a)-(b) shall be extended from January 26, 2011 to February 9, 2011. 24

3. The time for amending the pleadings shall be extended from January 19, 2011 to February 2, 2011.

4. The time to meet and confer to discuss a list of proposed terms and claim elements for construction shall be extended from February 2, 2011 to February 16, 2011.

5. The time to simultaneously exchange preliminary claim constructions and preliminary identifications of extrinsic evidence pursuant to Pat. L.R. 4.2(a)-(b) shall be extended 3 from February 16 to March 2, 2011.

6. The time to meet and confer to discuss preliminary claim constructions and extrinsic evidence shall be extended from February 28, 2011 to March 14, 2011.

7. The time to simultaneously exchange responsive claim constructions shall be extended from March 4, 2011 to March 18, 2011.

8. The time to file a Joint Claim Construction and Prehearing Statement pursuant to Pat. L.R. 4.3 shall be extended from March 11, 2011 to March 25, 2011.

9. The time to complete claim construction related discovery pursuant to Pat. L.R. 4.4 shall be extended from April 1, 2011 to April 8, 2011. 12 All other dates shall be unaffected.

The previous time modifications in this case include the Stipulation and Order Extending

(1) Cepheid's Time to File Its Answer and Amended Counterclaims to Amended Complaint, and

(2) Abaxis' Time to File Its Response to Counterclaims (Dkt No. 28).

The new [proposed] case schedule, including the dates proposed herein and those 17 previously set by Court Order (Dkt. Nos. 20, 28), is as follows: Event Dates Disclosure of Asserted Claims and Infringement November 17, 2010 Contentions and accompanying document production 20 [Pat. L.R. 3.1-3.2] Deadline for Cepheid to file its Answer and Amended December 17, 2010 Counterclaims to Abaxis's Amended Complaint Deadline for Abaxis to file its response to Cepheid's January 14, 2011 Amended Counterclaims Invalidity Contentions and accompanying document January 26, 2011 23 production [Pat. L.R. 3.3-3.4] Deadline to Amend Pleadings February 2, 2011 24 Exchange of Proposed Terms and Claim Elements for February 9, 2011 Construction [Pat. L.R. 4.1.a-b.] 25 The parties meet and confer to discuss list of proposed February 16, 2011 terms and claim elements for construction 26 (Dkt. No. 20)] Simultaneous Exchange of Preliminary Claim March 2, 2011 28 Further Case Management Conference [per Court Order March 2, 2011, at 2:00 P.M. 27 Constructions and Preliminary Identifications of Extrinsic Event Dates 1 Evidence [Pat. L.R. 4.2.a-b.] The parties meet and confer to discuss preliminary claim March 14, 2011 2 constructions and extrinsic evidence Simultaneous Exchange of Responsive Claim March 18, 2011 3 Constructions Filing of Joint Claim Construction and Prehearing March 25, 2011 Statement [Pat. L.R. 4.3] Completion of Claim Construction Discovery [Pat. L.R. April 8, 2010 Opening Claim Construction Brief [Pat. L.R. 4.5.a.] April 22, 2011 Reply Claim Construction Brief [Pat. L.R. 4.5.c] May 27, 2011 Tutorial [per Court Order (Dkt. No. 20)] June 15, 2011 at 2:00 P.M. Deadline for the parties to attend ADR session [per Court September 1, 2011 Order (Dkt. No. 20)] 10 whichever is later.

Close of Fact Discovery Mar. 23, 2012 or days from 12 claims construction ruling, whichever is later.

Exchange of Initial Expert Reports for which party bears April 13, 2012 or days from burden claim construction ruling, 14 whichever is later.

Exchange of Rebuttal Expert Reports May 25, 2012 or days from initial expert reports, whichever is later.

Close of Expert Discovery Jun. 27, 2012 or days from rebuttal reports, whichever is later.

Deadline to File Dispositive Motions and any motion to Jul. 27, 2012 or days from 18 limit or exclude Expert Testimony close of expert discovery, whichever is later.

Suggested Date of Pretrial Conference TBD 20 21 IT IS SO STIPULATED. 22

Dated:12/15/2010 COOLEY LLP FISH & RICHARDSON PC 24

Pursuant to the stipulation of the parties and good cause appearing therefore; PURSUANT TO STIPULATION, IT IS SO ORDERED.

20101217

© 1992-2010 VersusLaw Inc.



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