Free SO ORDERED - District Court of Delaware - Delaware

if P Case 1 :06-cv-00072-JJF Document 29 Filed O9/25/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
BALDWIN GRAPHIC SYSTEMS, INC., )
)
Plaintiff, )
v. )
) C.A. No. 06-077-JJF
BBA NONWOVENS SIMPSONVILLE INC. and )
REEMAY INC., )
)
Defendants. )

STIPULATION AND PROPOSED ORDER TO EXTEND DATES SET FORTH
IN THE JUNE 26, 2006 SCHEDULING ORDER
It is hereby stipulated by Plaintiff Baldwin Graphic Systems, Inc. ("Baldwin") and
Defendants BBA Nonwovens Simpsonville Inc. and Reemay Inc. (collectively "BBA"), subject
to the approval of the Court, that the deadlines set forth in the Scheduling Order dated June 26,
2006 (D.l. 19) are extended by approximately three months, as set forth in the attached Proposed
Amended Scheduling Order.]
The reasons for this stipulation are as follows. First, the parties have discussed settlement
and are continuing to explore a possible business resolution. As such, in the interest of judicial
economy and financial efficiency, the parties believe that the extension of time is appropriate.;
l The parties also stipulate, subject to the approval of the Court, that with respect to written
discovery already served, but not yet answered, the deadline for written responses will be
extended until December 29, 2006.
2 The parties also stipulate, subject to the approval of the Court, that should the Defendants
later move to stay the litigation on the basis that the United States Patent and Trademark
Office reexamines one or more of the patents in suit, then Plaintiff will not oppose such a
motion on the basis that Plaintiff has been prejudiced by the passage of time dtuing the
period beginning on August 3, 2006 and concluding upon written notice of either party.
(cont’d)

I- ceee 1Q-06-ev-c007}i.1.1F-$eeumeni 29 Filed 09/25/2006 Page 2 of 4
Second, Plaintiff is scheduled to begin trial on October 10, 2006 in a separate action that
involves one of the patents-in-suit in the present matter. The events of this impending trial may
affect some ofthe issues to be addressed in this case.
As set forth in the attached certification under Local Rule 16.5, counsel for Baldwin and
BBA have sent a copy of this request to their respective clients.
Dated: September 20, 2006 Dated: September 20, 2006
MORRIS, NICHOLS, ARSHT & TUNNELL LLP CONNOLLY BOVE LODGE & HUTZ, LLP
/s/ Jack B. Blumenfeld (#1014) /s/’ Francis DiGi0vcmnf (#3189)
Jack B. Blumenfeld (#1014) Francis DiGiovanni (#3189)
Leslie A. Polizoti (#4299) Stephanie O'Byrne (#4446)
1201 N. Market Street The Nemours Building
P.O. Box 1347 1007 North Orange Street
Wilmington, DE 19899-1347 P.O. Box 2207
(302) 658-9200 Wilmington, DE 19899-2207
[email protected] (302) 888-6316
Attorneys for Plaintiff, [email protected]
Baldwin Graphic Systems, Inc. Attorneys for Defendants, BBA Nonwovens
Simpsonville Inc. and Reemay Inc.
OF COUNSEL:
OF COUNSEL :
James W. Gould
Keith J. McWha Michael E. Zeliger
MORGAN & FINNEGAN, L.L.P. Christopher Centurelli
3 World Financial Center R. Jan Pirozzolo-Mellowes
New York, NY 10281 KIRKPATRICK & LOCKHART
(212) 415-8700 NICHOLSON GRAHAM LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02] I I-2950
(617) 261-3100
(cont’d
The Plaintiff reserves its right to oppose the Defendants' motion to stay on other grounds
including delays prior to this stipulation and any delay after written notice is given as
provided above terminating the stay.
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Case 1:06-cv-OOO77-JJF Document 29 Filed O9/25/2006 Page 3 of 4
. F} »/n N · R *—
SO ORDERED thas £>~D day of ·~ ,2006
Thiglonora lc` seph J. Faman, Ir.
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Case 1:06-cv-OOO77-JJF Document 29 Filed O9/25/2006 Page 4 of 4
Statement under Local Rule 16.5
Counsel for Plaintiff Baldwin Graphic Systems, Inc. hereby certities that a copy of this
request has been sent to Baldwin Graphic Systems, Inc.
/s/ Jack B. Blumenfeld (if] O] 4)
Counsel for Defendants BBA Nonwovens Simpsonville Inc. and Reemay Inc. hereby
certifies that a copy of this request has been sent to BBA Nonwovens Simpsonville Inc. and
Reemay Inc.
/s/ Francis DiG'i0vanni (#5789)