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`LAMKIN IP DEFENSE
`Rachael D. Lamkin (246066)
`One Harbor Drive, Suite 304
`Sausalito, CA 94965
`(916) 747-6091 Telephone
`RDL@LamkinIPDefense.com
`Michelle L. Marriott (pro hac vice to be filed)
`michelle.marriott@eriseip.com
`Erise IP, P.A.
`7015 College Blvd.
`Suite 700
`Overland Park, KS 66211
`(913) 777-5600 Telephone
`(913) 777-5601 Facsimile
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`Attorneys for Defendants Garmin
`International, Inc. and Garmin Ltd.
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`v.
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`GARMIN INTERNATIONAL, INC.
`AND GARMIN LTD.,
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`Defendants.
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`Case No. 2:19-cv-06301-AB-KS
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`JOINT STIPULATION TO
`EXTEND DEADLINE TO MOVE
`TO AMEND PLEADINGS
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`JURY TRIAL DEMANDED
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`JOINT STIPULATION TO EXTEND DEADLINES
`TO MOVE TO AMEND PLEADINGS
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`The parties, Plaintiff Philips North America LLC (“Philips”) and Defendants
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`Garmin International, Inc. and Garmin Ltd. (collectively, “Garmin”), by and through
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`STIPULATION TO EXTEND CERTAIN DEADLINES
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`Case 2:19-cv-06301-AB-KS Document 78 Filed 07/09/20 Page 2 of 4 Page ID #:2195
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`their undersigned counsel, hereby stipulate, subject to the approval of the Court, that
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`the deadline for the Court to hear Motions to Amend Pleadings/Add Parties be
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`amended as set forth below case schedule set forth in the Order Re: Jury/Court Trial
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`(Dkt. 54) shall be amended as set forth below:
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`Event
`Last Date to Hear Motion to Amend
`Pleadings/Add Parties [Friday]
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`Current Date
`5/28/2020
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`Amended Date
`8/28/2020
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`This is the Parties’ second request for an extension of deadlines. Previously,
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`the Parties asked for a one-day extension to file their Opening Claim Construction
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`Briefs. Dkt. No. 72. The Court granted that request on June 24, 2020. Dkt. No. 72.
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`The Parties submit that there is good cause for the requested extension. Garmin
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`did not delay in seeking amendment. Garmin discovered the underlying facts
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`regarding the inequitable conduct claim when finalizing its invalidity contentions.
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`One week after serving its invalidity contentions, Garmin disclosed to Philips that it
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`intended to amend its pleading to add a counterclaim for inequitable conduct. Philips
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`responded that it would oppose such amendment on May 18, 2020, and the Parties met
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`and conferred regarding Garmin’s motion to amend on May 21, 2020 pursuant to L.R.
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`7-3. During the meet-and-confer on May 21, 2020, counsel for Philips stated that
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`Philips did not oppose the amendment as untimely, but did intend to oppose on
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`grounds of futility. However, in order to further assess such opposition, counsel for
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`Garmin agreed to provide the amended pleading to counsel for Philips for review.
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`STIPULATION TO EXTEND CERTAIN DEADLINES
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`Case 2:19-cv-06301-AB-KS Document 78 Filed 07/09/20 Page 3 of 4 Page ID #:2196
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`After such review, counsel for Philips confirmed its above-stated position.
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`During the negotiations regarding this stipulation, counsel for Philips further
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`stated its intention make a motion to dismiss in the alternative alongside its opposition
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`to Garmin’s motion to amend. While Garmin does not believe that such a motion
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`would be procedurally proper, Garmin contends that its inequitable conduct claim is
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`well-taken under either motion, and as such, has agreed to Philips’ desired procedure
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`as a professional courtesy and to avoid unnecessary motion practice pertaining to
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`Philips’ requested procedure. Therefore, the Parties agree to account for Philips’
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`anticipated motion to dismiss in the briefing schedule, such that the parties will set a
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`single hearing date (on or prior to August 28, 2020) for Garmin’s motion to amend
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`and Philips’ alternative motion to dismiss. The Parties further agree to the following
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`briefing schedule:
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`Motion to Amend – 35 days prior to hearing
`Response to Motion to Amend/Motion to Dismiss – 28 days prior to hearing
`Reply to Motion to Amend/Response to Motion to Dismiss – 21 days prior to
`hearing
`Reply to Motion to Dismiss – 14 days prior to hearing
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`Accordingly, the Parties respectfully request that the Court amend the deadline
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`for the Court to hear motions to amend pleadings, as such extension of time will allow
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`for the parties to brief Garmin’s motion to amend and Philips’ anticipated motion to
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`dismiss, which will be set for a single hearing date. All other dates in the case schedule
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`shall remain unchanged.
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`STIPULATION TO EXTEND CERTAIN DEADLINES
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`Case 2:19-cv-06301-AB-KS Document 78 Filed 07/09/20 Page 4 of 4 Page ID #:2197
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`IT IS SO STIPULATED AND AGREED.
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`Dated: July 9, 2020
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`FOLEY & LARDNER LLP
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`/s/ Jean-Paul Ciardullo
`Jean-Paul Ciardullo
`Eley O. Thompson
`Ruben J. Rodrigues
`Lucas I. Silva
`John W. Custer
`FOLEY & LARDNER LLP
`Attorneys for Plaintiff
`Philips North America, LLC
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`ERISE IP, P.A.
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`By: /s/ Michelle L. Marriott
`Michelle L. Marriott
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`Counsel for Defendants Garmin
`International, Inc. and Garmin Ltd.
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`STIPULATION TO EXTEND CERTAIN DEADLINES
`2
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