Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:07-cv-00190-SLR Document 30 Filed 07/27/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE .
SIEMENS MEDICAL SOLUTIONS USA, ) -
INC., ) .
) I
Plaintiff, ) C.A. No. 07-190-SLR ,
v. )
I
SAINT—GOBAIN CERAMICS & PLASTICS, )
INC., )
I
Defendant. )
STIPULATION TO EXTEND TIME
WHEREAS, Plaintiff Siemens Medical Solutions USA, Inc. ("Siemens") filed a -
Motion for Preliminary Injunction (the “Motion") along with an opening brief and supporting
affidavits on July 9, 2007, and I
WHEREAS, counsel for the parties have conferred and agreed upon a proposed I
schedule for briefing and submitting the motion for the Court’s consideration.
IT IS HEREBY STIPULATED AND AGREED by the parties hereto, by and
through their undersigned counsel that the following schedule shall control further briefing and
submission of the Motion to the Court.
l. On or before Friday, July 27, 2007, the parties will simultaneously
exchange narrowlyftailored discovery requests directed to issues raised by the Motion;
2. The parties will provide written responses and produce documents
responsive to the discovery requests on or before August 17, 2007;
3. If defendant Saint—Gobain Ceramics & Plastics, Inc. ("Saint—Gobain")
intends to raise issues of validity, on or before August 3l, 2007, it shall identify prior art upon
which it may rely, with the understanding that Saint—Gobain shall not be precluded from relying l
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Case 1:07-cv-00190-SLR Document 30 Filed 07/27/2007 Page 2 of 3
in its opposition on additional prior art which it learns about after August 31, 2007, provided that
it identifies that prior art to Siemens promptly after learning about it; _
4. During the period of September 1-3 0, 2007, defendant Saint—Gobain
Ceramics & Plastics, Inc. (“Saint-Gobain") shall be entitled to depose any affiant who has
submitted testimony in support of the Motion.
5. On September 28, 2007, Saint-Gobain will identify the affiants who will
provide testimony in support of its answering briefing opposing the Motion.
6. Saint-Gobain shall serve and file its answering brief and supporting i
affidavits, if any, in opposition to the Motion on or before October 10, 2007. J
7. During the period of October 12-29, 2007, Siemens shall be entitled to
depose any affiants identified by Saint-Gobain.
8. Siemens shall serve and tlle its reply brief on or before October 29, 2007.
9. The parties prepared the schedule with the hope that the Court’s calendar
would allow a hearing on the Motion in early November 2007 and will keep the weeks of
November 5 and November 12, 2007 open until they are advised by the Court as to the date and
time for a hearing on the Motion. 1
/s/ Maryellen Noreika /s/Jeffrey L. Moyer
Jack B. Blumenfeld (#1014) Jesse A. Finkelstein (#1090)
[email protected] [email protected]
Maryellen Noreika (#3208) Jeffrey L. Moyer (#3309)
[email protected] [email protected]
Morris, Nichols, Arsht & Tunnell LLP Kelly E. Farnan (#4395)
1201 North Market Street F [email protected]
P.O. Box 1347 Richards, Layton & Finger, P.A. i
Wilmington, DE 19899 One Rodney Square, P.O. Box 551
(302) 658-9200 Wilmington, DE 19899 j
(302) 651-7700 (
Attorneys for Plaintiff Siemens Medical Attorneys for Defendant Saint—Gobain (
Solutions USA, Inc. Ceramics & Plastics, Inc.
Dated: July 27, 2007 Dated: July 27, 2007
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Case 1:07-cv-00190-SLR Document 30 Filed 07/27/2007 Page 3 of 3
SO ORDERED this day 0f}u1y 2007. R
United States District Judge
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