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-103711678.2

Amended Stipulation and Proposed Order Extending Deadlines

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 EXTENDING 

DEADLINES

[Civ. L.R. 6-2 & 7-12]

Honorable Vaughn R. Walker

Case 3:09-cv-00355-WHA Document 217 Filed 05/24/10 Page 1 of 5
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-103711678.2

Amended Stipulation and Proposed Order Extending Deadlines

Case No. C 09-0355 (VRW)

Pursuant to Civil Local Rules 6-2 and 7-12, 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 to and jointly request the 

Court as follows: 

1. By Order dated May 14, 2009 (Doc # 96-1), the Court entered an initial case 

management order. That order included the following deadlines:

Fact discovery deadline July 16, 2010

Deadline to disclose expert 

witnesses

July 16, 2010

Deadline to serve expert 

report(s) for which a party

bears the burden of proof

August 20, 2010

Deadline to serve rebuttal 

expert reports

October 15, 2010

Expert discovery deadline December 17, 2010

Deadline to file dispositive 

motions

January 21, 2011

Hearings on dispositive 

motions

April 21, 2011 (pending court 

availability)

2. The May 14, 2009 Order also set the claim construction hearing for March 17, 2010. 

Thus, the Court originally arranged the case schedule such that the close of fact discovery and 

disclosure of expert witnesses would occur approximately three months after the claim construction 

hearing.

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

the Courtroom Deputy, Cora Klein, the parties learned that the Court would no longer be available 

for the claim construction hearing on March 17, 2010. Thus, the parties filed a stipulation and 

proposed order to move the hearing to a date on which the Court was available. Accordingly, by 

Order dated January 27, 2010 (Doc # 186), the Court entered a modified schedule for certain events 

up to and including the claim construction hearing. The Order continued the claim construction 

hearing date from March 17, 2010, until June 23, 2010. Per the Order, Stryker's Motion for 

Summary Judgment of Non-Infringement and KSEA's Cross Motion for Partial Summary Judgment

Case 3:09-cv-00355-WHA Document 217 Filed 05/24/10 Page 2 of 5
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-103711678.2

Amended Stipulation and Proposed Order Extending Deadlines

Case No. C 09-0355 (VRW)

of Infringement will also be heard on June 23, 2010.

4. The new claim construction (and summary judgment) hearing date of June 23, 2010, 

provides only a narrow window of time between the hearing and the close of fact discovery on July 

16, 2010. Despite the diligent efforts of the parties to conduct discovery in parallel with other case

deadlines pertaining to summary judgment briefing and claim construction, the parties believe that 

additional time will be needed to fully and fairly conduct discovery. To preserve the original time 

interval between the claim construction hearing and the close of fact discovery, and to preserve the 

original time intervals between the other, subsequent deadlines, the parties propose the following 

modifications to the schedule (which extend the current deadlines by approximately ninety days):

Fact discovery deadline October 14, 2010

Deadline to disclose expert 

witnesses

October 14, 2010

Deadline to serve expert 

report(s) for which a party

bears the burden of proof

November 18, 2010

Deadline to serve rebuttal 

expert reports

January 13, 2011

Expert discovery deadline March 17, 2011

Deadline to file dispositive 

motions

May 26, 2011

Hearings on dispositive 

motions

July 7, 2011 (pending court 

availability)

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

Declaration of William R. Overend 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. 

Case 3:09-cv-00355-WHA Document 217 Filed 05/24/10 Page 3 of 5
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-103711678.2

Amended Stipulation and Proposed Order Extending Deadlines

Case No. C 09-0355 (VRW)

IT IS SO STIPULATED.

Respectfully submitted,

Dated: May 17, 2010. REED SMITH LLP

By /s/ William R. Overend

William R. Overend

Attorneys for Defendants

Stryker Corporation and Stryker Communications, Inc.

Dated: May 17, 2010. BECK, ROSS, BISMONTE & FINLEY, LLP

By /s/ Alfredo A. Bismonte_____

Alfredo A. Bismonte 

Attorneys for Plaintiff

Karl Storz Endoscopy-America, Inc.

CERTIFICATION

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

named signatories.

DATED: May 17, 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 217 Filed 05/24/10 Page 4 of 5
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-103711678.2

Amended Stipulation and Proposed Order Extending Deadlines

Case No. C 09-0355 (VRW)

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ____________________, 2010 ____________________________________________

Honorable Vaughn Walker

United States District Judge

May 24 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Judge Vaughn R Walker

Case 3:09-cv-00355-WHA Document 217 Filed 05/24/10 Page 5 of 5