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STIPULATED REQUEST FOR 

ORDER CHANGING TIME

Case No. C05-01946 (MHP) 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

James J. Elacqua (CSB NO. 187897) 

jelacqua@deweyballantine.com

Craig Y. Allison (CSB NO. 161175) 

callison@deweyballantine.com 

Mark Malin (CSB NO. 199757) 

mmalin@deweyballantine.com 

Hieu H. Phan (CSB NO. 218216) 

hphan@deweyballantine.com 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

Telephone: (650) 845-7000 

Facsimile: (650) 845-7333 

Attorneys for Plaintiff 

CALIENT NETWORKS, INC. 

Michael G. Rhodes (CSB NO. 116127) 

mrhodes@cooley.com 

Cooley Godward LLP 

4401 Eastgate Mall 

San Diego, CA 92121 

Telephone: (858) 550-6000 

Facsimile: (858) 550-6420 

Timothy S. Teter (CSB NO. 171451) 

teterts@cooley.com 

Iain R. Cunningham (CSB NO. 232357) 

icunningham@cooley.com 

Cooley Godward LLP 

Five Palo Alto Square 

3000 El Camino Real 

Palo Alto, CA 94306 

Telephone: (650) 843-5000 

Facsimile: (650) 849-7000 

Attorneys for Defendant 

GLIMMERGLASS NETWORKS, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

CALIENT NETWORKS, INC., a Delaware 

corporation, 

Plaintiff and Counterclaim 

Defendant, 

vs. 

GLIMMERGLASS NETWORKS, INC., a 

Delaware corporation, 

Defendant and Counterclaimant.

) 

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Case No. C05-01946 (MHP) 

STIPULATED REQUEST FOR ORDER 

CHANGING TIME 

Case 3:05-cv-01946-MHP Document 27 Filed 02/08/06 Page 1 of 6
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-2- 

STIPULATED REQUEST FOR 

ORDER CHANGING TIME

Case No. C05-01946 (MHP) 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

Pursuant to Civ. L.R. 6-2 and 7-12, the parties to the above captioned case request 

that certain intermediate deadlines set by this Court’s case management order dated October 18, 

2005 be modified. These changes will not affect the date of the Markman hearing or the trial 

date. 

On January 17, 2006, the parties participated in a mediation with Magistrate 

Judge Edward A. Infante (Ret.). Although the parties were not able to reach complete agreement 

on all terms of settlement on that date, the parties believe that considerable progress was made, 

and we are hopeful that settlement may be reached in a subsequent mediation before Judge 

Infante scheduled for this Friday, February 10, 2006. In order to avoid unnecessary expenditure 

of the resources of the parties and the Court should the parties be able to reach settlement on 

February 10, the parties request that certain intermediate dates be moved back to allow the 

mediation to be completed before pre-Markman submissions must be made. 

These changes in schedule will have no effect on the date of the Markman hearing 

or any dates subsequent to the Markman hearing, including the trial date, because an 

approximately 30 day hiatus was originally built into the schedule to accommodate a trial in 

another matter by attorneys for Glimmerglass. That matter has settled, and the parties are able to 

use that period of time to complete Markman submissions, should they be unable to reach 

settlement during mediation. 

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Case 3:05-cv-01946-MHP Document 27 Filed 02/08/06 Page 2 of 6
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-3- 

STIPULATED REQUEST FOR 

ORDER CHANGING TIME

Case No. C05-01946 (MHP) 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

The parties thus request that the following deadlines set by the Case Management 

Order be changed as set forth in the table below. 

 Date set by 

Order 

 Requested 

changed date 

Preliminary Claim Constructions 

Exchanges Of Preliminary Constructions 1/19/06 2/24/06

Joint Claim Constructions And Pre-Hearing 

Statement 2/13/06 3/17/06

Claim Constructions Pre-Hearing Conference 2/27/06 3/27/06

Completion of Claim Construction Discovery 3/15/06 4/7/06

Claim Construction Briefs 

 Opening 3/30/06 4/20/06

 Responsive 4/20/06 5/11/06

 Reply 5/2/06 5/23/06

Claim Construction Hearing - To Be Set By 

Court 

Approximately 

6/19/06 No change

All subsequent dates set in Case Mgt. Order No change No change

Dated: February 7, 2006 

DEWEY BALLANTINE LLP 

 By: /S/___________________________________ 

 Craig Y. Allison 

 Attorneys for Plaintiff 

CALIENT NETWORKS, INC. 

Dated: February 7, 2006 

COOLEY GODWARD LLP 

 

By: /S/___________________________________ 

 Timothy S. Teter 

 Attorneys for Defendant 

GLIMMERGLASS NETWORKS, INC. 

Case 3:05-cv-01946-MHP Document 27 Filed 02/08/06 Page 3 of 6
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-4- 

STIPULATED REQUEST FOR 

ORDER CHANGING TIME

Case No. C05-01946 (MHP) 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, 

I attest under penalty of perjury that concurrence in the filing of the document has been obtained 

from Timothy S. Teter. 

Dated: February 7, 2006 

DEWEY BALLANTINE LLP 

 By: /S/___________________________________ 

 Craig Y. Allison 

 Attorneys for Plaintiff 

CALIENT NETWORKS, INC. 

PURSUANT TO STIPULATION, IT IS SO ORDERED 

Dated: February ____, 2006 ________________________________________ 

 THE HONORABLE MARILYN HALL PATEL 

 Chief Judge United States District Court 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GRANTED

Judge Marilyn H. Patel

8

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-5- 

STIPULATED REQUEST FOR 

ORDER CHANGING TIME

Case No. C05-01946 (MHP) 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

 CERTIFICATE OF SERVICE 

I am employed in the State of California, over the age of eighteen years, and not a party 

to the within action. My business address is DEWEY BALLANTINE LLP, 1950 University 

Avenue, Suite 500, East Palo Alto, CA 94303-2225. On February 7, 2006, I served the within 

documents: 

STIPULATED REQUEST FOR ORDER CHANGING TIME 

 I sent such document from facsimile machine 650 845-7333 on 2/7/2006. I certify that 

said transmission was completed and that all pages were received and that a report was 

generated by facsimile machine 650 845-7333 which confirms said transmission and 

receipt. I, thereafter, mailed a copy to the interested party(ies) in this action by placing a 

true copy thereof enclosed in sealed envelope(s) addressed to the parties listed below. 

⌧ by placing the document(s) listed above in a sealed envelope with postage thereon fully 

prepaid, in the United States mail at East Palo Alto, addressed as set forth below. 

 by personally delivering the document(s) listed above to the person(s) at the address(es) 

set forth below. 

 I am readily familiar with Dewey Ballantine’s business practices of collecting and 

processing items for pickup and next business day delivery by Federal Express. I placed 

such sealed envelope(s) for delivery by Federal Express to the offices of the addressee(s) 

as indicated on the attached mailing list on the date hereof following ordinary business 

practices. 

⌧ I served the above-referenced document(s) via electronic transmission to the email 

address of the addressee(s) as indicated on the attached service list. 

Michael G. Rhodes, Esq. 

(mrhodes@cooley.com) 

Cooley Godward LLP 

4401 Eastgate Mall 

San Diego, CA 92121 

Tel: (858) 550-6000 

Fax: (858) 550-6420 (Via e-mail only) 

Attorneys for Defendant, 

GLIMMERGLASS NETWORKS, INC.

Timothy S. Teter (teterts@cooley.com) 

Iain R. Cunningham 

(icunningham@cooley.com) 

Cooley Godward LLP 

Five Palo Alto Square 

3000 El Camino Real 

Palo Alto, CA 94306 

Tel: (650) 843-5000 

Fax: (650) 849-7000 (Via e-mail and U.S. Mail) 

Attorneys for Defendant 

GLIMMERGLASS NETWORKS, INC.

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STIPULATED REQUEST FOR 

ORDER CHANGING TIME

Case No. C05-01946 (MHP) 

DEWEY BALLANTINE LLP 

1950 University Avenue, Suite 500 

East Palo Alto, CA 94303-2225 

J. David Hadden, Esq. (dhadden@fenwick.com) 

Hector Ribera, Esq. (hribera@fenwick.com) 

Sara Jenkins, Esq. (sjenkins@fenwick.com) 

Fenwick & West LLP 

Silicon Valley Center 

801 California Street 

Mountain View, CA 94041 

Tel: (650) 988-8500 

Fax: (650) 938-5200 (Via e-mail only) 

Attorneys for Defendant, 

GLIMMERGLASS NETWORKS, INC.

I am readily familiar with the firm’s practice of collection and processing correspondence 

for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 

day with postage thereon fully prepaid in the ordinary course of business. 

I declare that I am employed in the office of a member of the bar of this court at whose 

direction the service was made. 

Executed on February 7, 2006, at East Palo Alto, California. 

 /S/___________________________________ 

 Sherrin Van Etta 

PA1 21230v2

Case 3:05-cv-01946-MHP Document 27 Filed 02/08/06 Page 6 of 6