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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 11, 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 Naveen Modi (Admitted Pro Hac Vice) naveen.modi@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 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 Attorneys for Plaintiff Rambus Inc.

STIPULATION RE: CASE SCHEDULE; SUPPORTING DECLARATION OF TINA

[PROPOSED] ORDER STIPULATION AND

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 one-week extension of the deadline for filing the Joint Claim Construction and Prehearing Statement pursuant to Patent L.R. 4.3 so that the parties can discuss an alternative proposal for disposing of this matter and related 6 case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. By this extension, the parties do not request modifying the previously ordered briefing schedule for claim 8 construction or the dates for the Court's technology tutorial or claim construction hearing. More specifically, with the Court's permission, the parties hereby stipulate that the current schedule set 10 forth in the July 12, 2011, Stipulated Order [Dkt. 68] be modified as follows:

EVENT CURRENT SCHEDULE PROPOSED DATE

Joint Claim Construction and August 12, 2011 August 19, 2011 Prehearing Statement (Patent L.R. 4-3) -- Includes Expert Testimony. Parties must attach copies of patents, make 15 available file histories to Court 16 for each involved patent Completion of Claim September 6, 2011 Same Construction Discovery (Patent L.R. 4-4)

Rambus Opening Claim September 19, 2011 Same Construction Brief (Patent L.R. 4-5(a)). 25 page limit IBM Responsive Claim October 4, 2011 Same Construction Brief (Patent L.R. 4-5(b)). 25 page limit Rambus - Reply Brief and any October 11, 2011 Same evidence directly rebutting the 25 supporting evidence (Patent L.R. 4-5(c)). - 15 page limit Amended Joint Claim Construction Statement EVENT CURRENT SCHEDULE PROPOSED DATE

Tutorial for the Court November 1, 2011 Same

Claim Construction November 15, 2011 Same

("Markman") Hearing(Patent

L.R. 4-6).

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 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 April 15, 2011, May 12, 2011, June 15, 2011, and July 12, 2011, the Court entered

Stipulated Orders [Dkt. Nos. 60, 62, 66 and 68], which set forth the claim construction briefing 9 schedule for this action. The June 15, 2011, Stipulated Order [Dkt. No. 66] also set the technology 10 tutorial for November 1, 2011, at 1:30 p.m. and the Markman Hearing for November 15, 2011, at 11 1:30 p.m. 12

3. The parties previously requested extensions of time to discuss settlement of this case and 13 related case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. While 14 negotiations had come to a standstill, the parties are currently discussing an alternative proposal to 15 dispose of both this case and the related case. As such, the parties seek a continuance of one week 16 for filing the Joint Claim Construction and Prehearing Statement to allow the parties to further 17 discuss this option. 18

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

19 Otherwise, the only time modification in this case was to change the Case Management Conference 20 from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to 21 dismiss in related case, International Business Machines Corp. v. Rambus Inc., 22

No. C 10-04017 JSW. See Dkt. No. 48. 23

5. The requested modification in the current case schedule will not affect any other pre-trial

24 deadlines, such as the previously ordered briefing schedule for claim construction or the dates for the 25 technology tutorial or claim construction hearing, as the pre-trial schedule has not yet been entered 26 in this case. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct, and this declaration was executed this 10th day of August, 2011.3 4

/s/ Tina E. Hulse

Tina E. Hulse

Dated: August __, 2011

20110811

© 1992-2011 VersusLaw Inc.



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