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

STIPULATED REQUEST FOR ORDER AND [PROPOSED] 

ORDER MODIFYING PRETRIAL SCHEDULING ORDER 

CASE NO. 09-cv-01152-SI

Gregory L. Lippetz (State Bar No. 154228) 

glippetz@jonesday.com

Cora L. Schmid (State Bar No. 237267) 

cschmid@jonesday.com 

JONES DAY 

1755 Embarcadero Road 

Palo Alto, CA 94303 

Telephone: 650-739-3939 

Facsimile: 650-739-3900 

Attorneys for Defendant

Maxim Integrated Products, Inc. 

David N. Kuhn (State Bar No. 73389) 

Attorney-at-Law 

144 Hagar Avenue 

Piedmont, CA 94611 

Telephone: (510) 653-4983 

E-mail: dnkuhn@pacbell.net 

Attorney for Plaintiff 

Gregory Bender 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

Gregory Bender, 

Plaintiff, 

v.

Maxim Integrated Products, Inc., 

Defendant.

Case No. C09-01152-SI 

STIPULATED REQUEST FOR 

ORDER AND [PROPOSED] ORDER 

MODIFYING PRETRIAL 

SCHEDULING ORDER 

Pursuant to Fed. R. Civ. P. 16(b)(4) and Civil L.R. 6-2, Defendant Maxim Integrated 

Products, Inc., (“Defendant”) and Plaintiff Gregory Bender (“Plaintiff”), through their respective 

counsel, hereby jointly request that the Court modify the existing Pretrial Schedule, issued on 

February 23, 2010. (Docket No. 51.) 

WHEREAS, on October 28, 2009, the Court granted Defendants’ Motion to Temporarily 

Relieve Maxim’s Discovery Obligations pending a dispute between the parties regarding the 

sufficiency of Plaintiff’s Infringement Contentions under Patent L.R. 3-1. (Docket No. 34.)

WHEREAS, Defendant’s obligations to serve disclosures under Patent L.R. 3-3 and 3-4 

were among the discovery obligations that the Court ordered relieved. (Id.)

WHEREAS, on November 19, 2009, the Court ordered that its previous October 28, 2009 

order granting Defendant temporary relief from its discovery obligations shall remain in place 

Case 3:09-cv-01152-SI Document 68 Filed 07/14/10 Page 1 of 4
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-

STIPULATED REQUEST FOR ORDER AND [PROPOSED] 

ORDER MODIFYING PRETRIAL SCHEDULING ORDER 

CASE NO. 09-cv-01152-SI

until the dispute between the parties regarding the sufficiency of Plaintiff’s Infringement 

Contentions is resolved. (Docket No. 42.)

WHEREAS, on February 23, 2010, this Court issued an Order After Hearing which set the 

following deadlines for this action:

x a Further Case Management Conference for July 9, 2010, 

x the Joint Claim Construction Brief due July 16, 2010, 

x Plaintiff’s Claim Construction Statement due July 30, 2010, 

x Defendant’s Claim Construction Statement due August 13, 2010, 

x Plaintiffs Response Claim Construction Statement due August 20, 2010, 

x the tutorial for September 8, 2010, 

x and the claim construction hearing for September 9, 2010. 

(Docket No. 51.) 

WHEREAS, on March 22, 2010, the Court granted Defendant’s Motion to Compel 

Infringement Contentions That Comply With Patent Local Rule 3-1. (Docket No. 54.) 

WHEREAS, the March 22, 2010 order stated that “the Court will not order defendant to 

proceed with discovery,” in light of the order. (Id.)

WHEREAS, on April 2, 2010, the Court set the deadline for Plaintiff to serve his Second 

Amended Infringement Contentions as April 21, 2010, pursuant to the parties stipulation.

(Docket No. 56.) 

WHEREAS, on April 28, 2010, Plaintiff served his Second Amended Infringement 

Contentions, but Defendant contended these amended contentions did not comply with the 

Court’s March 22, 2010 order.

WHEREAS, on May 28, 2010, Defendant filed a Motion For Sanction Of Dismissal based 

on Defendant’s contentions that Plaintiff’s Second Amended Infringement Contentions did not 

comply with the Court’s March 22, 2010 order. 

WHEREAS, on June 30, 2010, the Court ordered the hearing on Defendant’s motion 

rescheduled to July 30, 2010, pursuant to the parties’ stipulation to allow deposition of Plaintiff’s 

declarant for the pending motion. 

Case 3:09-cv-01152-SI Document 68 Filed 07/14/10 Page 2 of 4
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-

STIPULATED REQUEST FOR ORDER AND [PROPOSED] 

ORDER MODIFYING PRETRIAL SCHEDULING ORDER 

CASE NO. 09-cv-01152-SI

WHEREAS, on July 1, 2010, the Court rescheduled the Further Case Management 

Conference scheduled for July 9, 2010, to July 30, 2010, to coincide with the hearing on 

Defendant’s Motion for Sanction of Dismissal. 

WHEREAS, the Court has not yet modified the claim construction schedule it ordered on 

February 23, 2010, which includes claim construction briefing deadlines prior to and 

simultaneous with the next Further Case Management Conference, including a deadline for a 

Joint Claim Construction Brief of July 16, 2010, and a deadline for Plaintiff’s Statement of July 

30, 2010. 

WHEREAS, because the deadlines under Patent L.R. 3-3 and 3-4 have been stayed, the 

deadlines under Patent L.R. 4-1, 4-2, and 4-4—which are triggered by service of Patent L.R. 3-3 

disclosures—have also been stayed. Thus service of invalidity contentions, exchange of proposed 

terms for construction, and claim construction discovery have not yet taken place. 

WHEREAS, the parties believe that good cause under Fed. R. Civ. P. 16(b)(4) exists to 

modify the pre-trial scheduling order.

THE PARTIES HEREBY SUBMIT THIS STIPULATED REQUEST THAT: 

The Court cancel the following currently scheduled events: 

x the Joint Claim Construction Brief set for July 16, 2010,

x Plaintiff’s Claim Construction Statement due July 30, 2010, 

x Defendant’s Claim Construction Statement due August 13, 2010, 

x Plaintiffs Response Claim Construction Statement due August 20, 2010, 

x the tutorial set for September 8, 2010,

x and the claim construction hearing set for September 9, 2010, 

and that the Court consider the pretrial schedule at the July 30, 2010 Further Case Management 

Conference.

Case 3:09-cv-01152-SI Document 68 Filed 07/14/10 Page 3 of 4
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-

STIPULATED REQUEST FOR ORDER AND [PROPOSED] 

ORDER MODIFYING PRETRIAL SCHEDULING ORDER 

CASE NO. 09-cv-01152-SI

Dated: July 13, 2010 

Respectfully submitted, 

Jones Day 

By: /s/ Gregory L. Lippetz 

Greg L. Lippetz 

State Bar No. 154228 

JONES DAY 

Silicon Valley Office 

1755 Embarcadero Road 

Palo Alto, CA 94303 

Telephone: 650-739-3939 

Facsimile: 650-739-3900 

Counsel for Defendant

Maxim Integrated Products, Inc. 

In accordance with General Order No. 45, Section X(B), the above signatory attests that 

concurrence in the filing of this document has been obtained from the signatory below. 

Dated: July 13, 2010 By: /s/ David Kuhn 

David N. Kuhn 

Attorney-at-Law 

144 Hagar Avenue 

Piedmont, California 94611 

Telephone: (510) 653-4983 

Counsel for Plaintiff

Gregory Bender 

PURSUANT TO STIPULATION, IT IS SO ORDERED: 

DATED: ______________, 2010 By: 

THE HON. SUSAN ILLSTON 

United States District Court Judge 

SVI-82604v1

Case 3:09-cv-01152-SI Document 68 Filed 07/14/10 Page 4 of 4