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Augme Technologies, Inc v. Yahoo! Inc

July 29, 2011

AUGME TECHNOLOGIES, INC.,
PLAINTIFF,
v.
YAHOO! INC.,
DEFENDANT. YAHOO! INC.,
COUNTERCLAIM PLAINTIFF,
v.
AUGME TECHNOLOGIES, INC. AND WORLD
TALK RADIO, LLC,
COUNTERCLAIM DEFENDANTS.



The opinion of the court was delivered by: Hon. Joseph C. Spero

RACHEL KREVANS (CA SBN 116421) (rkrevans@mofo.com) RICHARD S.J. HUNG (CA SBN 197425) (rhung@mofo.com) DANIEL P. MUINO (CA SBN 209624) (dmuino@mofo.com) JIAN BIN (BEN) GAO (CA SBN 245734) (jgao@mofo.com) J. RYAN GILFOIL (CA SBN 246493) (jgilfoil@mofo.com) JOHN K. BLAKE, JR. (CA SBN 262906) (jblake@mofo.com) MORRISON & FOERSTER LLP 425 Market Street, 32d Floor San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Defendant and Counterclaim Plaintiff YAHOO! INC.

STIPULATION AND [PROPOSED] ORDER EXTENDING CLAIM CONSTRUCTION BRIEFING AND DISCOVERY DATES RE: YAHOO! PATENTS

Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, the parties, through their undersigned counsel, hereby stipulate, subject to the Court's approval, as follows:

WHEREAS, the Court entered a Further Case Management and Pretrial Order ("CMC Order") on April 19, 2011, setting dates for claim construction briefing and setting an August 8, 2011 cut-off for claim construction discovery regarding the Yahoo! Patents (Dkt. No. 136 at 2);

WHEREAS, due to commitments to other cases, Yahoo!'s claim construction expert, Dr. Gary Nutt, is unavailable for deposition until the week of September 12, 2011;

WHEREAS, the parties have stipulated to extend the claim construction briefing and discovery deadlines as set forth in the table below to permit Augme and World Talk Radio to 10 depose Dr. Nutt prior to filing their responsive brief;

WHEREAS, no Markman hearing has been set for the Yahoo! patents;

WHEREAS, no other deadlines will be affected by this extension;

THEREFORE, for the reasons set forth more fully in the accompanying Declaration of J. Ryan Gilfoil, the parties request the entry of an order extending the claim construction briefing 3 and discovery deadlines regarding the Yahoo! Patents as set forth in the table below.

Event Present Date Proposed Date

Claim Construction August 8, 2011 September 16, 2011

Discovery Cut-Off

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS ...


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