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Abaxis, Inc v. Cepheid

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 ...


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