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Positive Technologies, Inc v. Sony Electronics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 27, 2011

POSITIVE TECHNOLOGIES, INC.,
PLAINTIFF,
v.
SONY ELECTRONICS, INC., ACER AMERICA CORPORATION, GATEWAY, INC., DELL, INC., ASUS COMPUTER INTERNATIONAL, MSI COMPUTER CORPORATION, AMAZON.COM, INC., BARNES & NOBLE, INC., AND KOBO INC., DEFENDANTS, CHUNGHWA PICTURE TUBES, LTD., INTERVENOR.

Perry R. Clark (California Bar No. 197101) Thomas M. Dunham (pro hac vice) LAW OFFICES OF PERRY R. CLARK Thomas.Dunham@novakdruce.com 825 San Antonio Road J. Michael Woods (pro hac vice) Palo Alto, CA 94303 Michael.woods@novakdruce.com Telephone: (650) 248-5817 NOVAK DRUCE QUIGG LLP Facsimile: (650) 618-8533 300 New Jersey Avenue Email: perry@perryclarklaw.com Fifth Floor Washington, DC 20001 J. Scott Denko (Pro Hac Vice) (Texas State Bar Telephone: (202) 659-0100 No. 00792457) Facsimile: (202) 659-0105 Bradley D. Coburn (Pro Hac Vice) (Texas State Bar No. 24036377) Stephanie R. Wood (State Bar No. 242572) Steven J. Lauff (Pro Hac Vice) (Texas State stephanie.wood@novakdruce.com Bar No. 24013011) NOVAK DRUCE QUIGG LLP DENKO COBURN & LAUFF LLP 555 Mission Street 816 Congress Ave., Suite 1205 Thirty-Fourth Floor Austin, TX 78701 San Francisco, CA 94105 Telephone: (512) 906-2074 Telephone: (415) 814-6161 Facsimile: (512) 906-2075 Facsimile: (415) 814-6165 Email: denko@dcllegal.com coburn@dcllegal.com Attorneys for Defendant lauff@dcllegal.com DELL INC. Counsel for Plaintiff ADDITIONAL COUNSEL LISTED ON POSITIVE TECHNOLOGIES, INC. SIGNATURE PAGE

STIPULATION TO EXTEND DEADLINE FOR SERVICE OF DEFENDANTS' INVALIDITY CONTENTIONS AND ACCOMPANYING DOCUMENTS AND [PROPOSED] ORDER

Defendants Sony Electronics, Inc., Acer America Corporation, Gateway, Inc., Dell Inc., ASUS Computer International, MSI Computer Corporation, Amazon.com, Inc., Barnes & Noble, Inc., Kobo Inc., and Intervenor Chunghwa Picture Tubes, Ltd. (cumulatively "Defendants") and Plaintiff Positive Technologies Inc. ("PTI") hereby stipulate and agree to extend the date for Defendants to serve their Invalidity Contentions and document production accompanying their Invalidity Contentions pursuant to N.D. California Patent Local Rules 3-3 and 3-4 by two business days from the Court ordered deadline of October 24, 2011 [Dkt. No. 209 entered September 9, 2011] to October 26, 2011.

PTI timely served its Disclosure of Asserted Claims Infringement Contentions by U.S. Mail.

Service by U.S. Mail resulted in varying dates of receipt by Defendants. In light of the differing dates of receipt, Plaintiff offered to extend the date for Defendants to serve their Invalidity Contentions and document production accompanying their Invalidity Contentions by two business days.

This is the first extension to the Court's Scheduling Order Dkt. No. 209 sought by the parties.

This extension will have no effect upon any of the other deadlines or the case schedule.

Respectfully Submitted,

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: _____________, 2011 10/26

CERTIFICATION BY STEPHANIE WOOD PURSUANT TO GENERAL RULE. NO. 45, SECTION X, RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES

1. I am an attorney licensed to practice law in the state of California, and an associate in the law firm of Novak Druce Quigg LLP, counsel for defendant Dell Inc. The statements herein are made on my personal knowledge and if called as a witness I could and would testify thereto.

2. The above e-filed document contains multiple signatures. I declare that concurrence has been obtained from each of the other signatories to file this jointly prepared document with the Court. Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any). I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this 24th day of October 2011, at San Francisco, California. /s/ Stephanie R. Wood Stephanie R. Wood (State Bar No. 242572)

20111027

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