FENWICK 

&

WEST LLP

ATTORNEYS AT LAW

SAN FRANCISCO

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STIP. & [PROPOSED] ORDER TAKING 

CLAIM CONSTRUCTION HEARING OFFCALENDAR

Case No. 08-cv-04577 VRW

DARRYL M. WOO (CSB No. 100513)

dwoo@fenwick.com

CHARLENE M. MORROW (CSB No. 136411)

cmorrow@fenwick.com

TYLER A. BAKER (CSB No. 65109)

tbaker@fenwick.com

FENWICK & WEST LLP

555 California Street, 12th Floor

San Francisco, CA 94104

Telephone: (415) 875-2300

Facsimile: (415) 281-1350

Attorneys for Defendants and Counterclaimants

INTERCEDE GROUP PLC and INTERCEDE LTD.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

ACTIVIDENTITY CORPORATION, a 

Delaware Corporation,

Plaintiff,

v.

INTERCEDE GROUP PLC AND 

INTERCEDE LTD., both of Lutterworth, 

UK,

Defendants.

AND RELATED COUNTERCLAIMS.

Case No.: 3:08-cv-04577 VRW

STIPULATION AND [PROPOSED] 

ORDER TAKING CLAIM 

CONSTRUCTION HEARING OFFCALENDAR AND WITHDRAWING 

JOINT MOTION FOR ADMINISTRATIVE 

RELIEF

Date: March 24, 2010

Time: 9:00 a.m.

Courtroom: 6, 17th Floor

Before: Hon. Vaughn Walker

Case 3:08-cv-04577-VRW Document 132 Filed 03/23/10 Page 1 of 3
FENWICK 

&

WEST LLP

ATTORNEYS AT LAW

SAN FRANCISCO

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STIP. & [PROPOSED] ORDER TAKING 

CLAIM CONSTRUCTION HEARING OFFCALENDAR

- 1 -

Case No. 08-cv-04577 VRW

Pursuant to Civil Local Rule 7-12, defendants and counterclaimants Intercede Group plc 

and Intercede Ltd. (collectively, “Intercede”) and plaintiff and counterdefendant ActivIdentity 

Corporation (“ActivIdentity”) submit this stipulation and proposed order taking the claim 

construction hearing off-calendar and withdrawing the joint motion for administrative relief. 

Pursuant to the Clerk’s Notice dated February 24, 2010, the claim construction hearing in 

this action is scheduled for March 24, 2010 at 9:00 a.m. (Doc # 128).

On March 19, 2010, the parties filed a joint motion for administrative relief for leave to 

use visual equipment at the claim construction hearing (Doc # 129).

As of today, March 22, 2010, the parties are in the process of entering into a confidential

settlement agreement, which when fully executed, will resolve the pending action. The parties 

expect to exchange signatures to the settlement agreement this week.

Accordingly, the parties hereby respectfully stipulate and request that the Court order as 

follows:

1. The parties’ joint motion for administrative relief for leave to use visual equipment 

at the claim construction hearing (Doc # 129) is withdrawn.

2. The claim construction hearing scheduled on March 24, 2010 at 9:00 a.m. is taken 

off-calendar.

Dated: March 22, 2010 Respectfully submitted,

FENWICK & WEST LLP

By: /s/ Joseph S. Belichick

Joseph S. Belichick

Attorneys for Defendants

INTERCEDE GROUP PLC and INTERCEDE LTD.

Case 3:08-cv-04577-VRW Document 132 Filed 03/23/10 Page 2 of 3
FENWICK 

&

WEST LLP

ATTORNEYS AT LAW

SAN FRANCISCO

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STIP. & [PROPOSED] ORDER TAKING 

CLAIM CONSTRUCTION HEARING OFFCALENDAR

- 2 -

Case No. 08-cv-04577 VRW

Dated: March 22, 2010 Respectfully submitted,

WILSON SONSINI GOODRICH & ROSATI

By: /s/ Julie M. Holloway

Julie M. Holloway

Attorneys for Plaintiff

ACTIVIDENTITY CORPORATION

ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE SHOWING, IT IS SO 

ORDERED.

Dated: 

The Honorable Vaughn R. Walker

United States District Judge

SIGNATURE ATTESTATION

I hereby attest that I have received Julie M. Holloway’s concurrence in the e-filing of this 

document as indicated by the “conformed” signature (s/) above.

By: /s/ Joseph S. Belichick

Joseph S. Belichick

March 23, 2010 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Judge Vaughn R Walker

Case 3:08-cv-04577-VRW Document 132 Filed 03/23/10 Page 3 of 3