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California Institute of Computer Assisted Surgery, Inc., A California Corporation v. Med-Surgical Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


May 23, 2011

CALIFORNIA INSTITUTE OF COMPUTER ASSISTED SURGERY, INC., A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
MED-SURGICAL SERVICES, INC., A CALIFORNIA CORPORATION,
KRISHNA SUDHAKARAN, AN INDIVIDUAL, MARK KIENE, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Judge: Claudia Wilken

STIPULATION RE: AMENDMENT TO CASE MANAGEMENT ORDER

COURTROOM: 2, 4thFloor

Complaint filed: November 9, 2010

Trial Date: March 19, 2012

Plaintiff California Institute of Computer Assisted Surgery, Inc. ("CICAS"), together with Defendants Med-Surgical Services, Inc, Krishna Sudhakaran, and Mark Kiene ("Defendants"), by and through their undersigned counsel, hereby stipulate as follows:

1. CICAS shall serve a supplemental disclosure of asserted claims and preliminary infringement contentions by June 10, 2011.

2. The Exchange of Preliminary Claim Constrictions and Preliminary Identifications of Extrinsic Evidence [Patent L.R. 4-2.a-b] shall occur by June 27, 2011.

The parties shall meet and confer pursuant to Patent L.R. 4-1 to identify 10 terms from CICAS's list of claim terms served pursuant to patent L.R. 4-1 on May 6, 2011.

3. The parties shall submit a Joint Claim Construction and Prehearing Chart

[Patent L.R. 4-3] July 15, 2011.

4. Completion of Claim Construction Discovery [Patent L.R. 4-4] shall be August 26, 2011.

5. CICAS's service of supplemental disclosure of asserted claims and preliminary infringement contentions pursuant to paragraph 1 shall be without prejudice to its position that Defendants have waived the right to serve Invalidity Contentions pursuant to Patent L.R. 3-3. Med-Surgical's agreement to this stipulation shall be without prejudice to its position that CICAS failed to comply with Patent L.R. 3-1.

6. This Stipulation does not affect the claim construction briefing schedule set by the Court in the Case Management Order.

SO STIPULATED AND AGREED

Dated: May 20, 2011 BERGESON, LLP 24 25 By: /s/ Jaideep Venkatesan Attorneys for Defendants MED-SURGICAL SERVICES, INC., KRISHNA SUDHAKARAN, and MARK KIENE

20110523

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