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Rambus Inc v. International Business Machines Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 12, 2011

RAMBUS INC.,
PLAINTIFF,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION, ROBERT H. FISCHER
DEFENDANT.

The opinion of the court was delivered by: The Honorable Jeffrey S. White

Edward Kmett (CA Bar No. 204374) ekmett@fchs.com 2 FITZPATRICK, CELLA, HARPER & SCINTO 650 Town Center Drive 3 Suite 1600 Costa Mesa, CA 92626 4 Telephone: (714) 540-8700 Facsimile: (714) 540-9823 5 Anthony M. Zupcic (Pro Hac Vice) 6 azupcic@fchs.com Robert H. Fischer (Pro Hac Vice) 7 rfischer@fchs.com Douglas Sharrott (Pro Hac Vice) 8 dsharrott@fchs.com FITZPATRICK, CELLA, HARPER & SCINTO 9 1290 Avenue of the Americas New York, New York 10112 10 Telephone: (212) 218-2100 Facsimile: (212) 218-2200 11 Kenneth R. Adamo (Pro Hac Vice) 12 kradamo@kirkland.com KIRKLAND & ELLIS LLP 13 300 North LaSalle Chicago, IL 60654 14 Telephone: (312) 862-2671 Facsimile: (312) 862-2200 Attorneys For Defendant 16 International Business Machines Corporation 17

STIPULATION RE: CASESCHEDULE; SUPPORTING DECLARATION OF [PROPOSED] ORDER

Pursuant to Rule 6-2 and 7-12 of the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California, Plaintiff Rambus Inc. ("Rambus") 3 and Defendant International Business Machines Corporation ("IBM"), through their respective counsel 4 of record, wish to advise the Court that the parties have reached a settlement in principle, and 5 accordingly respectfully request, and with the Court's permission, stipulate to an additional two-week 6 extension of the current case schedule to allow the parties to prepare the necessary settlement papers. 7

More specifically, with the Court's permission, the parties hereby stipulate that the current schedule 8 set forth in the April 15, 2011, Stipulated Order [Dkt. 60] be modified as follows: 9

EVENT CURRENT SCHEDULE PROPOSED SCHEDULE

May 16, 2011 May 31, 2011 Exchange of Preliminary Claim Constructions and Extrinsic Evidence (Patent L.R. 4-2(a), (b)) 12

May 23, 2011 June 6, 2011 Meet and confer re Joint Claim Construction and Prehearing Statement (Patent L.R. 4-2(c)) Last day to request leave to May 27, 2011 June 10, 2011 designate additional terms for claims construction JSW 16 Standing Order ¶ 4

June 10, 2011 June 24, 2011 Joint Claim Construction and 17

Prehearing Statement (Patent

L.R. 4-3) -- Includes Expert 18

Testimony. Parties must attach copies of patents, make 19 available file histories to Court for each involved patent 20

Completion of Claim July 11, 2011 July 25, 2011 21

Construction Discovery (Patent

L.R. 4-3) 22

Rambus Opening Claim July 25, 2011 August 8, 2011 23

Construction Brief (Patent L.R. 4-5(a)). 25 page limit 24 CV 10-03736 JSW -- STIPULATION RE: CASE SCHEDULE; SUPPORTING

EVENT CURRENT SCHEDULE PROPOSED SCHEDULE

August 8, 2011 August 22, 2011 IBM Responsive Claim

Construction Brief (Patent L.R. 3

4-5(b)). 25 page limit 4

Rambus - Reply Brief and any August 15, 2011 August 29, 2011 evidence directly rebutting the 5 supporting evidence (Patent

L.R. 4-5(c)). - 15 page limit 6

Amended Joint Claim 7

Construction Statement 8

September 21, 2011, or any Tutorial for the Court September 7, 2011 at 1:30 later date, subject to the p.m.

convenience of the Court's calendar

September 21, 2011 at 1:30 October 5, 2011, or any later

Claim Construction 11

p.m. date, subject to the ("Markman") Hearing(Patent convenience of the Court's

L.R. 4-6). 12

calendar

13 14

By his signature below, counsel for Defendant attests that counsel for Plaintiff concurs in the

15 filing of this stipulation. 16

Respectfully submitted, 8

Kenneth R. Adamo, Pro Hac Vice kradamo@kirkland.com KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Telephone: (312) 862-2671 Facsimile: (312) 862-2200

Dated: May 11, 2011. By: /s/ Edward A. Kmett 6

Edward A. Kmett (SBN:204374)

FITZPATRICK, CELLA, HARPER

& SCINTO 650 Town Center Drive, Suite 1600

7

Costa Mesa, CA 92626 Telephone: 714-540-8700

Facsimile: 714 540-9823

Attorneys for Defendant IBM Corporation

Date: May 11, 2011 FINNEGAN, HENDERSON, FARABOW, 12

GARRETT & DUNNER, L.L.P.

By: /s/ Tina E. Hulse

Tina E. Hulse (CA Bar No. 232936) tina.hulse@finnegan.com FINNEGAN, HENDERSON,

FARABOW,

GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue

Palo Alto, California 94304-1203 Telephone:(650) 849-6600

Facsimile: (650) 849-6666

Barbara Clarke McCurdy (Admitted Pro Hac Vice)

barbara.mccurdy@finnegan.com Naveen Modi (Admitted Pro Hac Vice) naveen.modi@finnegan.com

Srikala P. Atluri (Admitted Pro Hac Vice)

srikala.atluri@finnegan.com FINNEGAN, HENDERSON,

FARABOW,

GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W.

Washington, D.C. 20001 Telephone:(202) 408-4000

Facsimile: (202) 408-4400

Attorneys for Plaintiff, Rambus Inc.

SUPPORTING DECLARATION OF ROBERT H. FISCHER

I, ROBERT H. FISCHER, declare as follows:

1. I am a partner in the firm Fitzpatrick, Cella, Harper & Scinto, counsel for Defendant

International Business Machines Corporation ("IBM"). I submit this declaration in support of the parties' Stipulation Regarding Case Schedule. I make this declaration of my own personal knowledge and will competently testify thereto if called upon to do so.

2. On April 15, 2011, the Court entered a Stipulated Order [Dkt. 60], which sets forth the claim construction briefing schedule for this action. The Stipulated Order also sets the technology tutorial for September 7, 2011, at 1:30 p.m. and the Markman Hearing for September 21, 2011, at 1:30 p.m.

3. The parties, both the respective corporate representatives and outside counsel, have been actively discussing resolution of this case, and have reached a settlement in principle. Accordingly, the parties have met and conferred and agree that continuing the case schedule for two weeks will facilitate preparation of the necessary settlement papers precedent to resolution of this action.

4. The Court previously granted the Stipulated Order to permit settlement discussions.

Otherwise, the only time modification in this case was to change the Case Management Conference

from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to dismiss in related case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. See Dkt. 48.

5. The requested modification in the current case schedule will not affect any other pre-trial deadlines, as the pre-trial schedule has not yet been entered in this case.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and 2 correct, and this declaration was executed this 11th day of May, 2011. 3 4

Robert H. Fischer

Robert H. Fischer

Dated: May __, 2011

United States District Judge Northern District of California

20110512

© 1992-2011 VersusLaw Inc.



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