Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00782-JJF Document 54 Filed 07/30/2008 Paget of 3
Anne Shea Gaza
Counsel
302-651-7539
Gaza@r|f.com
July 30, 2008
VIA ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Sun Microsystems Inc. v. Versam Enterprises, Inc. et ca'., C.A. No. 07-782 QJJF l
Dear Judge Faman:
The parties jointly submit the attached Stipulation and Order to Extend Deadlines
for Discovery and Claim Construction Briefing. The parties agree that in light of the accused
products implicated in the present suit, the deadline by which the parties must substantially
complete discovery should be extended from September 8, 2008 to November 10, 2008. The
parties further agree that such an extension will impact claim construction deadlines, as the
parties need an opportunity to meaningfully review each other’s discovery to make informed
claim construction decisions. Therefore, the parties also request extensions of the claim
construction deadlines as reflected in the attached stipulation. The parties propose that a new
Markmcm hearing be set within the two—week period of March 30, 2009 to April 10, 2009
depending on the Court’s availability. All other dates and deadlines in the Court’s Scheduling
Order will remain unchanged. The parties are available to discuss the foregoing and the attached
at the Cou.rt’s convenience.
Respectfully,
6lkl l ttl? _ j_ A-
Anne Shea Gaza (#4093) 5-
ASG:cma
Enclosure
cc: Clerk of the Court (Via Hand Delivery; w/encl.)
Jack Blumenfeld, Esquire (via electronic mail; w/encl.)
Karen Jacobs Louden, Esquire (via electronic mail; w/encl.)
RLF1-3207445-1 . l I
One Rodney Square I 920 North King Street I Wilmington, DE 19801 I Phone: 302—651-7700 I Fax: 302-651-7701
wwvmrlfcom

Case 1:07-cv-00782-JJF Document 54 Filed 07/30/2008 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC.
Plaintiff]
v.
C.A. No. 07-782 (JJF)
VERSATA ENTERPRISES, INC.,
VERSATA SOFTWARE, INC.,
VERSATA DEVELOPMENT GROUP,
VERSATA COMPUTER INDUSTRY
SOLUTIONS, INC., VERSATA, INC.,
TRILOGY, INC., and NEXTANCE, H\lC.,
Defendants.
STIPULATION AND ORDER TO EXTEND DEADLINES FOR DISCOVERY AND
CLAIM CONSTRUCTION BRIEFING
IT IS HEREBY STIPULATED AND AGREED by the parties hereto, through their
undersigned counsel and subject to the approval of the Court, that the following deadlines from
the Scheduling Order entered by the Court on May 19, 2008 (DI. 41) shall be amended as
follows:
4. Discovery
(a) Exchange and completion of contention interrogatories,
identification of fact witnesses and document production shall be commenced so as to be
completed by November I0, 2008.
8. Markman. A Marlcman Hearing, if necessary, will be held on ,
2009 at _:00 __.m. The parties shall identify and exchange their list of proposed terms for
construction no later than December 17, 2008. The parties shall exchange their contentions
regarding the proper construction of those terms and shall identify all intrinsic/extrinsic evidence

Case 1:07-cv-00782-JJF Document 54 Filed 07/30/2008 Page 3 of 3
in support of their respective constructions no later than January l2, 2009. The parties shall
thereafter meet and confer in an attempt to narrow their list of terms for construction, and shall
finalize the list of terms and proposed constructions no later than February 2, 2009. Opening
claim construction briefs shall be filed no later than February 23, 2009 and answering briefs shali
be filed no later than March 16, 2009. To the extent that any patty relies upon an expert
declaration in support of its proposed claim constructions, it will make that expert available for
deposition within two weeks after serving its respective brief. The Court, after reviewing the
briefing, will allocate time to the parties for the hearing.
Except as amended hereby, the Scheduling Order dated May 19, 2008 (D.I. 41) shall
remain in full force and effect.
RICHARD LAYTON & FINGER, P.A. MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/S/Anne Shea Germ
William J. Wade (#704) Jack Blumenfeld (#1014)
Anne Shea Gaza (# 4093) Karen Jacobs Louden (#2881)
One Rodney Square 1201 N. Market Street
920 North King Street P.O. Box 1347
Wilmington, DE 19801 Wilmington, DE 19899
(302) 651-7700 (302) 658-9200
wadcga)RLF.c0m
[email protected]
Attorneys for Plaintiff Attorney for Defendants
SO ORDERED this day of July, 2008
Farnan, J.
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