United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

Mformation Technologies, Inc.,

Plaintiff,

 v.

Research in Motion Limited, et al.,

Defendants. /

NO. C 08-04990 JW 

ORDER FOLLOWING CASE

MANAGEMENT CONFERENCE;

REFERRING THE PARTIES TO

MAGISTRATE LAPORTE FOR

SETTLEMENT CONFERENCE

The Court conducted a Case Management Conference on April 12, 2010. Counsel for each

party was present. In light of the discussion at the Conference, the Court ORDERS as follows:

(1) On or before April 16, 2010, Plaintiff shall file its revised infringement contentions

in light of the Court’s First Claim Construction Order. (See Docket Item No. 127.) 

In light of this Order, Defendants’ Motion to Amend/Correct Invalidity Contentions

is DENIED as moot. (Docket Item Nos. 133, 136.) 

(2) On June 28, 2010 at 9 a.m., the Court will conduct a hearing on Defendants’

anticipated motion for summary judgment of invalidity of the ‘917 Patent. On or

before April 14, 2010, Defendants shall file their motion. The parties shall file their

remaining briefing in accordance with the Civil Local Rules. In light of this Order,

Plaintiff’s Motion for Leave to File Dispositive Motions is DENIED as moot. 

(Docket Item No. 130.)

Case 3:08-cv-04990-EMC Document 141 Filed 04/14/10 Page 1 of 3
United States District Court

For the Northern District of California

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(3) On October 25, 2010 at 9 a.m., the Court will conduct a hearing on any remaining

motions for summary judgment as to the ‘917 Patent only. The parties shall notice

and brief their motions in accordance with the Civil Local Rules.

(4) On October 25, 2010 at 10 a.m., the Court will conduct a further case management

conference. On or before October 15, 2010, the parties shall file a Joint Case

Management Conference Statement. The Joint Statement shall include, among other

things, a good faith proposal for the close of all discovery, as well as an update on the

parties’ efforts to settle the case.

(5) Plaintiff shall respond to Defendants’ interrogatories with respect to the ‘917 Patent

as previously requested. All other discovery as to the ‘408 Patent is STAYED.

(6) The Court refers the parties to Magistrate Judge Laporte for the purpose of

settlement. On or before April 19, 2010, the parties shall contact Judge Laporte to

schedule a settlement conference.

Dated: April 13, 2010 

JAMES WARE

United States District Judge

Case 3:08-cv-04990-EMC Document 141 Filed 04/14/10 Page 2 of 3
United States District Court

For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

Aaron D. Charfoos acharfoos@kirkland.com

Amardeep Lal Thakur athakur@foley.com

Bradford John Black bradford.black@kirkland.com

Carl John Blickle carl.blickle@kirkland.com

Eugene Goryunov egoryunov@kirkland.com

Gina Ann Bibby gbibby@foley.com

Justin E. Gray jegray@foley.com

Linda S. DeBruin ldebruin@kirkland.com

Marc Howard Cohen marc.cohen@kirkland.com

Maria A. Maras maria.maras@kirkland.com

Michael Anthony Parks mparks@kirkland.com

Shawn Edward McDonald SEMcDonald@foley.com

Dated: April 13, 2010 Richard W. Wieking, Clerk

By: /s/ JW Chambers 

Elizabeth Garcia

Courtroom Deputy

Case 3:08-cv-04990-EMC Document 141 Filed 04/14/10 Page 3 of 3