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Rambus Inc v. International Business Machines Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 15, 2011

RAMBUS INC.,
PLAINTIFF,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION,
DEFENDANT.

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

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 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 11 Facsimile: (650) 849-6666 12 Attorneys for Plaintiff Rambus Inc. 13 14

STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE ROBERT H. FISCHER;

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 further time to finalize the settlement agreement and 5 related papers. More specifically, with the Court's permission, the parties hereby stipulate that the 6 current schedule set forth in the May 31, 2011, Stipulated Order [Dkt. 64] be modified as follows: 7

EVENT CURRENT SCHEDULE PROPOSED DATE Exchange of Preliminary Claim June 13, 2011 July 11, 2011 9 Constructions and Extrinsic Evidence (Patent L.R. 4-2(a), 10 (b)) 11

Meet and confer re Joint Claim June 20, 2011 July 18, 2011 Construction and Prehearing 12 Statement (Patent L.R. 4-2(c)) 13 Last day to request leave to June 24, 2011 July 22, 2011 14 designate additional terms for claims construction JSW 15 Standing Order ¶ 4 16 Joint Claim Construction and July 8, 2011 August 5, 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 August 8, 2011 September 6, 2011 21 Construction Discovery (Patent L.R. 4-3) 22 23

Rambus Opening Claim August 22, 2011 September 19, 2011 Construction Brief (Patent L.R. 24 4-5(a)). 25 page limit 25 IBM Responsive Claim September 6, 2011 October 4, 2011 26 Construction Brief (Patent L.R. 4-5(b)). 25 page limit 27 28

Rambus - Reply Brief and any September 12, 2011 October 11, 2011 3 evidence directly rebutting the supporting evidence (Patent 4 L.R. 4-5(c)). - 15 page limit 5 Amended Joint Claim 6 Construction Statement 7 Tutorial for the Court October 5, 2011 November 2, 2011, or any later date, subject to the convenience of the Court's calendar Claim Construction October 19, 2011 November 16, 2011, or any 11 ("Markman") Hearing(Patent later date, subject to the L.R. 4-6). convenience of the Court's 12 calendar

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

AS MODIFIED ABOVE

Northern District of California

20110615

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