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Agsaver LLC v. Valent U.S.A. Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 15, 2011

AGSAVER LLC,
PLAINTIFF,
v.
VALENT U.S.A. CORPORATION, DEFENDANT.

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

James W. Morando Fletcher C. Alford Melinda L. Haag (SBN 87896) (SBN 152314) (SBN 132612) 2 jmorando@fbm.com falford@gordonrees.com United States Attorney Allyson M. Franco Ryan B. Polk (SBN 230769) Joann M. Swanson 3 (SBN 273467) rpolk@gordonrees.com (SBN 88143) afranco@fbm.com GORDON & REES LLP Chief, Civil Division 4 FARELLA BRAUN 275 Battery Street, Michael T. Pyle MARTEL LLP Suite 2000 (SBN 172954) 5 235 Montgomery Street, San Francisco, CA 94111 Assistant United States 17th Floor Telephone: (415) 986-5900 Attorney 6 San Francisco, CA 94104 Facsimile: (415) 986-8054 150 Almaden Blvd., Telephone: (415) 954-4400 Suite 900 7 Facsimile: (415) 954-4480 Dean A. Monco San Jose, California 95113 (pro hac vice) Telephone: (408) 535-5087 Telisport W. Putsavage damonco@woodphillips.com Facsimile: (408) 535-5081 (pro hac vice) Jeffrey M. Drake michael.t.pyle@usdoj.gov 9 putsavage@clm.com (pro hac vice) CARTER LEDYARD & jmdrake@woodphillips.com Attorneys for Intervenor 10 MILBURN LLP WOOD PHILLIPS UNITED STATES OF 701 8th Street, NW, Suite 410 500 West Madison Street, AMERICA 11 Washington, DC 20001-3892 Suite 3800 Telephone: (202) 898-1515 Chicago, Il 60661-2562 12 Telephone: (312) 876-1800 Jeffrey S. Boxer (pro hac vice) Facsimile: (312) 876-2020 13 boxer@clm.com CARTER LEDYARD & Attorneys for Defendant 14 MILBURN LLP VALENT U.S.A. 2 Wall Street CORPORATION 15 New York, NY 10005 Telephone: (212) 732-3200 16 Attorneys for Plaintiff 17 AGSAVER LLC

STIPULATION AND [PROPOSED] ORDER SETTING (1) BRIEFING SCHEDULE ON VALENT U.S.A. CORPORATION'S MOTION TO DISMISS; AND (2) INITIAL CASE MANAGEMENT CONFERENCE SO ORDERED AS MODIFIED

Dept: Courtroom A, 15th Fl.

Complaint Filed: May 6, 2011

Farella Braun Martel LLP 235 Montgomery Street, 17th Floor STIPULATION AND [PROPOSED] ORDER San Francisco, CA 94104 (415) 954-4400

Dismiss would be due September 16, 2011, that Valent's Reply would be due September 30, 4 2011, and that the hearing on Valent's Motion and the Initial Case Management Conference 5 would be November 4, 2011, at 1:30 p.m.; would have until September 16, 2011, to intervene and file a brief defending the constitutionality 8 of 35 U.S.C. § 292, and that Valent would have until October 7, 2011, to file a single brief 9 responding to AgSaver's opposition and the brief filed by the United States; constitutionality of 35 U.S.C. § 292;

WHEREAS, on June 30, 2011, the Court ordered that Plaintiff AgSaver LLC's ("AgSaver's") Opposition to Defendant Valent U.S.A. Corporation's ("Valent's") Motion to

WHEREAS, on August 22, 2011, the Court ordered that the United States of America

WHEREAS, on September 6, 2011, the United States filed its brief defending the

WHEREAS, on September 8, 2011, the United States Senate passed and sent to President Obama the America Invents Act, which contains provisions that would amend 35 U.S.C. § 292; 14 and 15 16 and, assuming so, to assess its potential impact on this case, counsel for the Parties and the United 17 States have met and conferred, and have agreed upon proposing an alternative date for the hearing 18 on Valent's Motion and the Initial Case Management Conference, as well as a 20-day extension 19 to the briefing schedule for Valent's Motion;

WHEREAS, to allow time to know whether the America Invents Act will become law

THEREFORE, pursuant to Civil Local Rules 6-2 and 7-12, the Parties request that the Court reschedule the briefing schedule for Valent's Motion and the Hearing date for that Motion 22 and the Initial Case Management Conference as set forth below or on such other dates as may be 23 acceptable to the Court: 24

1. AgSaver's Opposition to Valent's Motion will be due on October 6, 2011, and Valent's Reply in Support of its Motion will be due on October 27, 2011; 26 27 be January 13, 2012, at 1:30 p.m.

IT IS SO STIPULATED.

Dated: September 14, 2011 FARELLA BRAUN MARTEL LLP 4

I represent that concurrence in the filing of this document has been obtained from each 5 of the other signatories.

PURSUANT TO THE STIPULATION OF THE PARTIES, AND GOOD CAUSE APPEARING, IT IS SO ORDERED. ES DIST

THE HONORABLE JOSEPH C. SPERO

20110915

© 1992-2011 VersusLaw Inc.



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