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Rambus Inc v. International Business Machines E. Hulse; Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 15, 2011

RAMBUS INC.,
PLAINTIFF,
v.
INTERNATIONAL BUSINESS MACHINES E. HULSE; CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge Northern District of California

Barbara Clarke McCurdy (Admitted Pro Hac Vice) barbara.mccurdy@finnegan.com 2 Naveen Modi (Admitted Pro Hac Vice) naveen.modi@finnegan.com 3 Srikala P. Atluri (Admitted Pro Hac Vice) srikala.atluri@finnegan.com 4 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 5 901 New York Avenue, N.W. Washington, D.C. 20001 6 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 7 Tina E. Hulse (CA Bar No. 232936) 8 tina.hulse@finnegan.com FINNEGAN, HENDERSON, FARABOW, 9 GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue 10 Palo Alto, California 94304-1203 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 12 Attorneys for Plaintiff Rambus Inc.

(Related Case: C 10-04017 JSW)

STIPULATION RE: CASE SCHEDULE; SUPPORTING DECLARATION OF TINA [PROPOSED] ORDER

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Rambus Inc. ("Rambus") and Defendant International Business Machines Corporation ("IBM"), through their respective counsel of record, 3 respectfully request, and with the Court's permission, stipulate to a four-week extension of the 4 current case schedule to allow the parties to effectively discuss settlement. More specifically, with 5 the Court's permission, the parties hereby stipulate that the current schedule set forth in the January 6 18, 2011, Civil Minute Order [Dkt. 50] be modified as follows:

EVENT CURRENT SCHEDULE PROPOSED DATE Exchange of Preliminary Claim April 18, 2011 May 16, 2011 9 Constructions and Extrinsic Evidence (Patent L.R. 4-2(a), 10 (b)) 11

Meet and confer re Joint Claim April 25, 2011 May 23, 2011 12 Construction and Prehearing Statement (Patent L.R. 4-2(c)) 13

Last day to request leave to April 29, 2011 May 27, 2011 14 designate additional terms for claims construction JSW 15

Standing Order ¶ 4 16

Joint Claim Construction and May 13, 2011 June 10, 2011 Prehearing Statement (Patent 17 L.R. 4-3) -- Includes Expert Testimony. Parties must attach 18 copies of patents, make 19 available file histories to Court for each involved patent 20 Completion of Claim June 13, 2011 July 11, 2011 21

Construction Discovery (Patent L.R. 4-3) 22 23

Rambus Opening Claim June 27, 2011 July 25, 2011 Construction Brief (Patent L.R. 24 4-5(a)). 25 page limit 25 IBM Responsive Claim July 11, 2011 August 8, 2011 26 Construction Brief (Patent L.R. 27 4-5(b)).

EVENT CURRENT SCHEDULE PROPOSED DATE

Rambus - Reply Brief and any July 18, 2011 August 15, 2011 3 evidence directly rebutting the supporting evidence (Patent 4 L.R. 4-5(c)). - 15 page limit 5 6

Amended Joint Claim Construction Statement 7 Tutorial for the Court August 9, 2011 September 6, 2011, or any later date, subject to the convenience of the Court's

calendar

Claim Construction August 23, 2011 September 20, 2011, or any 11

("Markman") Hearing(Patent L.R. 4-6).

later date, subject to the convenience of the Court's

calendar

By her signature below, counsel for Plaintiff attests that counsel for Defendant concurs in the filing of this stipulation.

Respectfully submitted,

SUPPORTING DECLARATION OF TINA E. HULSE

I, TINA E. HULSE, declare as follows:

1. I am an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., counsel 4 for Plaintiff Rambus Inc. ("Rambus"). I submit this declaration in support of the parties' Stipulation 5 Regarding Case Schedule. I make this declaration of my own personal knowledge and will 6 competently testify thereto if called upon to do so. 7

2. On January 18, 2011, the Court entered a Civil Minute Order ("Order") [Dkt. 50] 8 following the initial Case Management Conference. The Order instructed the parties to follow 9 IBM's proposed claim construction briefing schedule set forth in the January 14, 2011, case 10 management statement [Dkt. 49]. The Order also set the technology tutorial for August 9, 2011, at 11 1:30 p.m. and the Markman Hearing for August 23, 2011, at 1:30 p.m. 12

3. The parties, both the respective corporate representatives and outside counsel, have been 13 actively discussing resolution of this case. Accordingly, the parties have met and conferred and 14 agree that continuing the case schedule for four weeks will facilitate these settlement discussions. 15

4. There have been no previous time modifications of the case schedule set forth in the Order. Otherwise, the only time modification in this case was to change the Case Management 17 Conference from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's 18 motion to dismiss in related case, International Business Machines Corp. v. Rambus Inc., 19 No. C 10-04017 JSW. See Dkt. 48. 20

5. The requested modification in the current case schedule will not affect any other pre-trial 21 deadlines, as the pre-trial schedule has not yet been entered in this case. 22 I declare under penalty of perjury under the laws of the United States that the foregoing is 23 true and correct, and this declaration was executed this 14th day of April, 2011.24

/s/ Tina E. Hulse

Tina E. Hulse

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: April __, 2011 5

20110415

© 1992-2011 VersusLaw Inc.



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