ASIA VITAL COMPONENTS CO., LTD. v. ASETEK DANMARK A/S

Case No. 3:16-CV-07160-JST.

ASIA VITAL COMPONENTS CO., LTD., a Taiwan R.O.C. corporation, Plaintiff, v. ASETEK DANMARK A/S, Defendant.

United States District Court, N.D. California, San Francisco Division.

Editors Note
Applicable Law: 35 U.S.C. § 1
Cause: 35 U.S.C. § 1
Nature of Suit: 830 Patent
Source: PACER


Attorney(s) appearing for the Case

Asia Vital Components Co., Ltd., corporation, Plaintiff, represented by Hubert H. Kuo , Ardent Law Group.

Asia Vital Components Co., Ltd., corporation, Plaintiff, represented by Andrew C. Aitken , Venable Baetjer Howard & Civiletti, Bryan Edward Repetto , IP Law Leaders, PLLC, Cameron Hajaran Tousi , IP Law Leaders PLLC, pro hac vice & Raymond J. Ho , IP Law Leaders PLLC.

Asetek Danmark A/S, Defendant, represented by Jacob Adam Schroeder , Finnegan Henderson Farabow Garrett & Dunner, LLP, Arpita Bhattacharyya , Finnegan Henderson Farabow Garrett & Dunner, LLP, pro hac vice, Charles Brandon Rash , Finnegan Henderson Farabow Garrett & Dunner LLP & Robert Francis McCauley , Finnegan Henderson Farabow Garrett & Dunner, LLP.


STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO DISCLOSE INVALIDITY CONTENTIONS AND SUBSEQUENT DUE DATES

JON S. TIGAR, District Judge.

Declaratory Judgment Plaintiff ASIA VITAL COMPONENTS CO., LTD. ("AVC") recently substituted in new counsel for AVC in this action (see Dkt. No. 67 filed March 18, 2017). AVC recently asked Defendant ASETEK DANMARK A/S ("Asetek") to agree that AVC may have additional time to prepare and serve its Invalidity Contentions and Document Productions Accompanying Same (collectively "Invalidity Contentions"). With the Court's permission, and noting that this stipulation (if granted) will not affect the Court's previously scheduled dates for the tutorial and claim construction hearings in this action, AVC and Asetek hereby stipulate and request an order extending the due date for the Invalidity Contentions by 30 days, as well as subsequent disclosures and events as provided in the following table:

Original Event Deadline New Deadline Invalidity Contentions May 30, 2017 June 30, 2017 Exchange of Proposed Terms for June 13, 2017 August 4, 2017 Construction Exchange of Preliminary Claim August 4, 2017 August 18, 2017 Constructions and Extrinsic Evidence Deadline to file Joint Claim Construction August 15, 2017 August 25, 2017 and Prehearing Statement Damages Contentions July 19, 2017 September 1, 2017 Claim Construction Discovery Cutoff September 14, Same as 2017 Original Deadline Deadline to file Opening Claim Construction September 29, Same as Brief 2017 Original Deadline Responsive Damages Contentions August 18, 2017 September 29, 2017 Deadline to file Responsive Claim October 13, Same as Construction Brief (Local Rule — 14 Days 2017 Original after Opening Brief) Deadline Deadline to file Reply in Support of October 20, Same as Opening Claim Construction Brief (Local 2017 Original Rule — 7 days after Responsive Brief) Deadline Claim Construction Hearing November 7, Same as 2017-1:30 pm Original Deadline

The requested extension of time will provide AVC and its new counsel additional time to prepare and complete the Invalidity Contentions. Moreover, at the request of Asetek, the schedule proposed above avoids having the Exchange of Proposed Terms for Construction and other work during July, when a counsel for Asetek will be preparing for the California Bar Exam. There have been no previous time modifications in this case.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, THE PARTIES' STIPULATION IS GRANTED. IT IS SO ORDERED.

CERTIFICATE OF SIGNATURE APPROVAL

I, Hubert H. Kuo, attest that the above listed signatories on whose behalf this document is being filed, have concurred in the filing's content and have authorized the filing.


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