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Rambus Inc v. International Business Machines Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 22, 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 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 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 Tina E. Hulse (CA Bar No. 232936) 8 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 E. HULSE; [PROPOSED] ORDER

STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE

Joint Claim Construction and Prehearing Statement (Patent L.R. 4-3) -- Includes Expert Testimony. Parties must attach copies of patents, make available file histories to Court for each involved patent August 19, 2011 August 26, 2011

Completion of Claim Construction Discovery (Patent L.R. 4-4) September 6, 2011 September 27, 2011

Rambus Opening Claim Construction Brief (Patent L.R. 4-5(a)). 25 page limit September 19, 2011 October 11, 2011

IBM Responsive Claim Construction Brief (Patent L.R. 4-5(b)). 25 page limit October 4, 2011 October 25, 2011

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 three-week extension of the 4 current case schedule. In the last several weeks, the parties have resumed active settlement 5 discussions and believe that they can reach an agreement shortly to resolve this matter and related 6 case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. 7

Specifically, the parties seek a one-week extension of the deadline for submission of the Joint Claim Construction and Prehearing Statement, and a three-week extension of each of the succeeding 9 dates, including the date of the claim construction hearing. Due to compression of the scheduling 10 occasioned by previous extensions that left that claim construction hearing date unchanged, any 11 further schedule extension necessitates movement of the hearing date, as well. The proposed 12 schedule therefore generally restores the intervals between dates as per the original schedule. 13

More specifically, with the Court's permission, the parties hereby stipulate that the current 14 schedule set forth in the August 11, 2011, Stipulated Order [Dkt. 70] be modified as follows: 15

EVENT CURRENT SCHEDULE PROPOSED DATE

Rambus - Reply Brief and any evidence directly rebutting the supporting evidence (Patent L.R. 4-5(c)). 15 page limit Amended Joint Claim Construction Statement October 11, 2011 November 1, 2011

Tutorial for the Court November 1, 2011 November 22, 2011, or any later date, subject to the convenience of the Court's calendar 29 at 1:00 p.m.

Claim Construction ("Markman") Hearing(Patent L.R. 4-6). November 15, 2011 December 6, 2011, or any later date, subject to the convenience of the Court's calendar at 1:00 p.m.

EVENT CURRENT SCHEDULE PROPOSED DATE

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, July 12, 2011, and August 11, 2011, the Court entered Stipulated Orders [Dkt. Nos. 60, 62, 66, 68 and 70], which set forth the claim 9 construction briefing schedule for this action. The June 15, 2011, Stipulated Order [Dkt. 66] also set 10 the technology tutorial for November 1, 2011, at 1:30 p.m. and the Markman Hearing for November 15, 2011, at 1:30 p.m. 12

3. The parties previously requested extensions of time to discuss settlement of this case and related case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. 14

Although negotiations had reached a standstill, over the last several weeks, the corporate 15 representatives of the parties have resumed active settlement discussions. The parties have had 16 several telephone conferences and exchanged correspondence, discussing the issues. On July 29, 2011, Rambus representatives presented IBM with a proposed settlement. IBM's representatives 18 made a counterproposal on August 12, 2011. And IBM's representatives sent Rambus's 19 representatives a revised draft of a settlement agreement on August 16, 2011. 20

4. The parties believe that in the next week, they may be able to reach an agreement that will dispose of not only this matter, but the related case, as well. While the parties had previously 22 made every effort not to disrupt the Court's calendar, including the date of the claim construction 23 hearing, through its requests for extensions of time, any further schedule extension necessitates 24 movement of the claim construction hearing date. However, as mentioned above, the parties believe 25 they can resolve both cases shortly. As such, the parties seek a continuance of the case schedule of 26 one week for submitting the Joint Claim Construction and Prehearing Statement, and three weeks for 27 the remainder of the schedule for the parties to resolve these matters. 28

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

Otherwise, the only time modification in this case was to change the Case Management Conference 3 from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to 4 dismiss in related case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 5 JSW. See Dkt. 48. 6

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

7 deadlines, such as the previously ordered briefing schedule for claim construction or the dates for the 8 technology tutorial or claim construction hearing, as the pre-trial schedule has not yet been entered 9 in this case. 10

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 18th day of August, 2011.

Tina E. Hulse

Tina E. Hulse

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

AS MODIFIED.

20110822

© 1992-2011 VersusLaw Inc.



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