Case 2:12-cv-00089-JFC Document 114 Filed 04/04/14 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`Master Docket
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`Misc. No. 12-244
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`MDL No. 2354
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`CONTI, Chief District Judge
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`_____________________________________
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`IN RE: MAXIM INTEGRATED PRODUCTS,
`INC., MDL NO. 2354
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`This Document Relates to: 12-cv-89
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`_____________________________________
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`THE PNC FINANCIAL SERVICES GROUP,
`INC., and PNC BANK, NATIONAL
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`ASSOCIATION
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`Plaintiff and Counter-Defendants,
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`MAXIM INTEGRATED PRODUCTS, INC.,
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`Defendant and Counter-Plaintiff.
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`_________________________________________ )
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`C.A. No. 2:12-cv-89-JFC
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`THE PNC FINANCIAL SERVICES GROUP, INC. AND
`PNC BANK, NATIONAL ASSOCIATION AND MAXIM INTEGRATED PRODUCTS
`INC.’S JOINT MOTION FOR EXTENSIONS OF TIME
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`The PNC Financial Services Group, Inc. and PNC Bank, National Association
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`(collectively “PNC”) and Maxim Integrated Products, Inc. (“Maxim”) respectfully move this
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`Court for a two-week extension of time for PNC to file Non-Infringement Contentions and for a
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`bilateral extension of the discovery period of two weeks. In support hereof, the parties state as
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`follows:
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`1.
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`PNC and Maxim have agreed, in principle, to settle their respective claims
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`pending in this Action. The parties are currently diligently working to execute a settlement
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`agreement, which they expect to complete in the near future.
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`1
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`PNC-JP MORGAN EXHIBIT 1017
`PNC Bank - JP Morgan v. Maxim
`CBM2014-00039
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`Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`Master Docket
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`Misc. No. 12-244
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`MDL No. 2354
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`)
`)
`
`CONTI, Chief District Judge
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`_____________________________________
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` )
`IN RE: MAXIM INTEGRATED PRODUCTS,
`INC., MDL NO. 2354
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`This Document Relates to: 12-cv-89
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`_____________________________________
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`THE PNC FINANCIAL SERVICES GROUP,
`INC., and PNC BANK, NATIONAL
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`ASSOCIATION
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`Plaintiff and Counter-Defendants,
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`v.
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`MAXIM INTEGRATED PRODUCTS, INC.,
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`Defendant and Counter-Plaintiff.
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`_________________________________________ )
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`C.A. No. 2:12-cv-89-JFC
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`
`THE PNC FINANCIAL SERVICES GROUP, INC. AND
`PNC BANK, NATIONAL ASSOCIATION AND MAXIM INTEGRATED PRODUCTS
`INC.’S JOINT MOTION FOR EXTENSIONS OF TIME
`
`The PNC Financial Services Group, Inc. and PNC Bank, National Association
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`
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`(collectively “PNC”) and Maxim Integrated Products, Inc. (“Maxim”) respectfully move this
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`Court for a two-week extension of time for PNC to file Non-Infringement Contentions and for a
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`bilateral extension of the discovery period of two weeks. In support hereof, the parties state as
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`follows:
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`1.
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`PNC and Maxim have agreed, in principle, to settle their respective claims
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`pending in this Action. The parties are currently diligently working to execute a settlement
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`agreement, which they expect to complete in the near future.
`
`1
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`PNC-JP MORGAN EXHIBIT 1017
`PNC Bank - JP Morgan v. Maxim
`CBM2014-00039
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`Page 1 of 6
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`Case 2:12-cv-00089-JFC Document 114 Filed 04/04/14 Page 2 of 5
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`2.
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`PNC and Maxim have already agreed to bilateral extensions of time to respond to
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`currently pending discovery between the parties and have also agreed not to object on the basis
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`of timeliness in the event of subsequent service of responses.
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`3.
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`In view of the parties’ anticipated settlement and to afford the parties time to
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`complete settlement before the passing of any case deadlines, the parties respectfully request that
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`the date for PNC to serve Non-Infringement Contentions, which are currently due on April 16,
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`2014, per D.I. 749, be extended until April 30, 2014. This represents a 2-week extension of time.
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`4.
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`As discussed at the April 2, 2014 Hearing before Your Honor, the parties also
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`respectfully request a bilateral extension of the fact discovery period (to apply to discovery
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`between PNC and Maxim only), which is currently set to close on May 16, 2014, per D.I. 749,
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`until May 30, 2014. This represents a 2-week extension of time.
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`5.
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`WHEREFORE, the parties respectfully request that the deadline for PNC to serve
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`Non-Infringement Contentions be set for April 30, 2014, and the end of fact discovery be set for
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`May 30, 2014.
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`Respectfully Submitted,
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`Date: April 4, 2014
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`/s/ Lionel M. Lavenue
`Lionel M. Lavenue, Esq.
`lionel.lavenue@finnegan.com
`James J. Boyle, Esq.
`james.boyle@finnegan.com
`Michael V. Young, Sr., Esq.
`michael.young@finnegan.com
`Elizabeth A. Laughton, Esq.
`elizabeth.laughton@finnegan.com
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`Two Freedom Square
`11955 Freedom Drive
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`Page 2 of 6
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`Case 2:12-cv-00089-JFC Document 114 Filed 04/04/14 Page 3 of 5
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`Reston, VA 20190-5675
`Telephone: (571) 203-2700
`Facsimile: (202) 408-4400
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`Counsel for Plaintiffs and Counter-Defendants
`The PNC Financial Services Group, Inc. and
`PNC Bank, National Association
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`/s/ William P. Nelson
`Matthew D. Powers (pro hac vice)
`Steven S. Cherensky (pro hac vice)
`Paul T. Ehrlich (pro hac vice)
`William P. Nelson (pro hac vice)
`Aaron M. Nathan (pro hac vice)
`Stefani C. Smith (pro hac vice)
`Sam Y. Kim (pro hac vice)
`Robert L. Gerrity (pro hac vice)
`Palani P. Rathinasamy (pro hac vice)
`TENSEGRITY LAW GROUP LLP
`555 Twin Dolphin Drive, Suite 360
`Redwood Shores, CA 94065
`Phone: (650) 802-6000
`Fax: (650) 802-6001
`Email:
`matthew.powers@tensegritylawgroup.com
`steven.cherensky@tensegritylawgroup.com
`paul.ehrlich@tensegritylawgroup.com
`william.nelson@tensegritylawgroup.com
`aaron.nathan@tensegritylawgroup.com
`stefani.smith@tensegritylawgroup.com
`sam.kim@tensegritylawgroup.com
`robert.gerrity@tensegritylawgroup.com
`palani@tensegritylawgroup.com
`Leland P. Schermer, Esquire
`Pa. ID No. 47283
`Bryan A. Loose, Esquire
`Pa. ID No. 201385
`LELAND SCHERMER & ASSOCIATES, PC
`Henry W. Oliver Building
`535 Smithfield Street, Third Floor
`Pittsburgh, PA 15222
`Phone: (412) 642-5000
`Fax: (412) 642-5010
`Email:
`lschermer@schermerlaw.com
`bloose@schermerlaw.com
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`Page 3 of 6
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`Case 2:12-cv-00089-JFC Document 114 Filed 04/04/14 Page 4 of 5
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`James C. Otteson (pro hac vice)
`Phillip W. Marsh (pro hac vice)
`Michael D.K. Nguyen (pro hac vice)
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`AGILITY IP LAW LLP
`149 Commonwealth Drive
`Menlo Park, CA 94065
`Phone: (650) 227-4800
`Email:
`jim@agilityiplaw.com
`phil@agilityiplaw.com
`mnguyen@agilityiplaw.com
`Michael North (pro hac vice)
`NORTH WEBER & BAUGH LLP
`2479 E. Bayshore Road, Suite 707
`Palo Alto, CA 94303
`Email: mnorth@northweber.com
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`Attorneys for Maxim Integrated Products, Inc.
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`4
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`Page 4 of 6
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`Case 2:12-cv-00089-JFC Document 114 Filed 04/04/14 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I, Lionel M. Lavenue, Esquire, hereby certify that on April 4, 2014, I caused the
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`foregoing to be electronically filed with the Clerk of Court using the CM/ECF system, which
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`will send notification of such filing to all counsel of record.
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`/s/ Lionel M. Lavenue
`Lionel M. Lavenue, Esq.
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`Page 5 of 6
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`Case 2:12-cv-00089-JFC Document 114-1 Filed 04/04/14 Page 1 of 1
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`_____________________________________
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`IN RE: MAXIM INTEGRATED PRODUCTS,
`INC., MDL NO. 2354
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`This Document Relates to: 12-cv-89
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`_____________________________________
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`THE PNC FINANCIAL SERVICES GROUP,
`INC., and PNC BANK, NATIONAL
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`ASSOCIATION
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`Plaintiff and Counter-Defendants,
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`v.
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`MAXIM INTEGRATED PRODUCTS, INC.,
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`Defendant and Counter-Plaintiff.
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`_________________________________________ )
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`
`
`Master Docket
`)
`Misc. No. 12-244
`)
`MDL No. 2354
`)
`)
`)
`
`CONTI, Chief District Judge
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`C.A. No. 2:12-cv-89-JFC
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`ORDER OF COURT
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`AND NOW, this ____ day of April, 2014 upon consideration of The PNC Financial
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`Services Group, Inc. and PNC Bank, National Association and Maxim Integrated Products,
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`Inc.,’s Joint Motion for Extensions of Time, it is hereby ORDERED that PNC shall serve Non-
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`Infringement Contentions by April 30, 2014 and that fact discovery for PNC and Maxim shall
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`close on May 30, 2014.
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`GRANTED.
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`BY THE COURT:
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`_____________________________________
`The Honorable Joy Flowers Conti
`United States Chief District Court Judge
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`Page 6 of 6
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