REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 1 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

Gregory J. Vogler (admitted pro hac vice) 

Email: gvogler@mcandrews-ip.com 

Robert A Surrette (admitted pro hac vice) 

Email: bsurrette@mcandrews-ip.com 

Andrew W. Bateman(admitted pro hac vice) 

Email: abateman@mcandrews-ip.com 

McANDREWS, HELD & MALLOY, LTD 

500 West Madison Street, 34th Floor 

Chicago, IL 60661 

Telephone: 312-775-8000 

Facsimile: 312-775-8100 

William R. Overend (SBN 180209) 

Email: woverend@reedsmith.com 

REED SMITH LLP

101 Second Street, Suite 1800 

San Francisco, CA 94105-3659 

Telephone: +1 415 543 8700 

Facsimile: +1 415 391 8269 

Attorneys for Defendants and Counterclaimants 

STRYKER CORPORATION AND STRYKER 

COMMUNICATIONS, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

KARL STORZ ENDOSCOPY-AMERICA, INC.,

 Plaintiff, 

vs. 

STRYKER CORPORATION and STRYKER 

COMMUNICATIONS, INC., 

 Defendants. 

AND RELATED COUNTERCLAIMS 

Case No. C 09-0355 (VRW) 

AMENDED STIPULATION AND 

[PROPOSED] ORDER CONTINUING 

SUMMARY JUDGMENT AND CLAIM 

CONSTRUCTION HEARINGS AND 

RELATED DEADLINES; DECLARATION 

OF WILLIAM R. OVEREND IN SUPPORT 

OF SAME 

Honorable Vaughn R. Walker 

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 1 of 7
REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 2 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Karl Storz Endoscopy-America, Inc. 

(“KSEA”) and Defendants Stryker Corporation and Stryker Communications, Inc. (collectively, 

“Stryker”), through their respective counsel of record, hereby stipulate as follows: 

1. Per the Court’s November 6, 2009 Minute Order, the hearing on Stryker’s Motion for 

Summary Judgment of Non-Infringement (Docket No. 110) and KSEA’s Cross Motion for Partial 

Summary Judgment of Infringement (Docket No. 154) is currently set for February 11, 2010. In 

addition, KSEA responded to Stryker’s Motion for Summary Judgment of Non-Infringement, in 

part, by filing a Rule 56(f) Motion To Allow Time for Necessary Discovery in Light of Pending 

Motion for Summary Judgment, which is also set for hearing on February 11, 2010. Finally, per the 

Court’s May 14, 2009 Case Management Order, the Claim Construction hearing is presently set for 

March 17, 2010. 

2. Based on the Court’s Notice of Unavailability and subsequent communications with 

the Courtroom Deputy, Cora Klein, the parties understand that the Court is no longer available on 

either February 11 or March 17, 2010. Ms. Klein has therefore requested that the parties re-schedule 

both hearings, and has noted that the earliest available hearing date would be in June 2010. In a 

subsequent communication, Ms. Klein specifically proposed June 23, 2010, at 9:30 a.m. for the 

hearing date. 

3. When the original schedule was set, both the parties and the Court envisioned that it 

would be more efficient to hear the summary judgment motions before claim construction. 

However, now that the parties have filed their respective summary judgment motions and their Joint 

Claim Construction Statement, it is now apparent that the majority of claim terms at issue in claim 

construction are also at issue in the summary judgment motions. Accordingly, the parties both agree 

that it would be more efficient to hear the summary judgment motions and claim construction at the 

same time, and that doing so would better conserve judicial resources and the resources of the 

parties. 

4. The parties therefore propose the following modified schedule for both summary 

judgment and claim construction, as well as related deadlines: 

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 2 of 7
REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 3 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

● June 23, 2010, at 9:30 a.m.: Hearing on (a) Stryker’s Motion for Summary Judgment 

of Non-Infringement, (b) KSEA’s Cross Motion for Summary Judgment of Infringement, (c) 

KSEA’s Rule 56(f) Motion To Allow Time for Necessary Discovery in Light of Pending Motion for 

Summary Judgment, and (d) Claim Construction; 

● April 30, 2010: Deadline for KSEA and Stryker to file responsive claim construction 

briefs re claim construction (previously set for February 26, 2010); 

● April 9, 2010: Deadline for KSEA and Stryker to file opening claim construction 

briefs and supporting evidence (previously set for February 5, 2010); 

● March 28, 2010: Deadline to complete claim construction discovery under Patent 

L.R. 4-4 (previously set for January 20, 2010); 

● February 8, 2010: Deadline for Stryker to file Opposition to KSEA’s Cross Motion 

for Summary Judgment of Infringement (previously set for February 1, 2010). Per the parties’ 

earlier discussions and agreement, as discussed with the Court at the second Case Management 

Conference, the parties agree that Stryker shall be allowed thirty-five pages for its Opposition. 

5. Pursuant to Civil L.R. 6-2(a)(1)-(3), this stipulated request is accompanied by the 

attached declaration setting forth (a) the reasons for the requested rescheduling; (b) all previous time 

modifications in the case; and (c) the effect of the requested rescheduling. 

IT IS SO STIPULATED. 

 Respectfully submitted, 

Dated: January 27, 2010. REED SMITH LLP 

By /s/ William R. Overend

William R. Overend 

Attorneys for Defendants 

Stryker Corporation and Stryker Communications, Inc.

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 3 of 7
REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 4 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

Dated: January 27, 2010. BECK, ROSS, BISMONTE & FINLEY, LLP 

By _/s/ Alfredo A. Bismonte____

Alfredo A. Bismonte 

Attorneys for Plaintiff 

Karl Storz Endoscopy-America, Inc.

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 4 of 7
REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 5 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: ____________________, 2010 ______________________________________________

Honorable Vaughn Walker 

United States District Judge

February 1

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Vaughn R Walker

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 5 of 7
REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 6 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

CERTIFICATION 

I hereby attest that concurrence in the filing of this document has been obtained by the above 

named signatories. 

DATED: January 27, 2010. 

REED SMITH LLP

By /s/ William R. Overend

William R. Overend 

Attorneys for Defendants 

Stryker Corporation and Stryker Communications, 

Inc. 

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 6 of 7
REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 – 7 – US_ACTIVE-103099836.1 

Amended Stipulation and Proposed Order Continuing Case Deadlines; Declaration in Support 

Case No. C 09-0355 (VRW) 

I, William R. Overend, declare: 

1. I am a partner with Reed Smith LLP, local counsel for Stryker in the above-captioned 

action. I have personal knowledge of the matters set forth below, and if called upon I could and 

would testify competently thereto. 

2. The reasons for the requested re-scheduling are stated in Paragraphs 1-3 of the 

Stipulation herein. 

3. No previous time modifications have been sought or entered in this case which have 

altered any date set by this Court’s May 14, 2009 Case Management Order or November 6, 2009 

Minute Order, or any other deadline already fixed by the Court, with the exception of an extension 

of the deadline to file the parties’ Joint Claim Construction Statement from December 17, 2009 to 

January 7, 2010 (which the Court granted). 

4. The requested extension would affect only the deadlines set forth in the Stipulation, 

but will not affect trial, pretrial or other case deadlines. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

DATED: January 27, 2010. 

By /s/ William R. Overend

William R. Overend 

Case 3:09-cv-00355-WHA Document 186 Filed 02/01/10 Page 7 of 7