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`RUSS, AUGUST & KABAT
`Marc A. Fenster (SBN 181067)
`Email: mfenster@raklaw.com
`Reza Mirzaie (SBN 246953)
`Email: rmirzaie@raklaw.com
`Paul A. Kroeger (SBN 229074)
`Email: pkroeger@raklaw.com
`Neil A. Rubin (SBN 250761)
`Email: nrubin@raklaw.com
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`Attorneys for Plaintiff Oyster Optics, Inc.
`
`OYSTER OPTICS, LLC,
`Plaintiff,
`
`vs.
`CIENA CORPORATION,
`Defendant.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`CASE NO. 4:20-cv-02354-JSW
`
`JOINT STIPULATION AND
`[PROPOSED] ORDER TO FURTHER
`EXTEND TIME TO FILE REPLY
`CLAIM CONSTRUCTION BRIEF AND
`TO EXTEND ASSOCIATED CLAIM
`CONSTRUCTION DEADLINES
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`Case No. 4:20-cv-02354-JSW
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`JOINT STIPULATION
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`Case 4:20-cv-02354-JSW Document 54 Filed 03/03/21 Page 2 of 5
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`
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`Pursuant to Civil L.R. 6-1 and 6-2, Oyster Optics, LLC (“Oyster”) and Ciena Corporation
`(“Ciena”) file this Stipulation requesting that the deadline for Oyster to file its Reply Claim
`Construction brief be extended by one-week. This request is supported by the attached
`Declaration of Paul A. Kroeger, and based on the fact that most of Oyster’s trial team is presently
`involved in trial in another matter, and both parties are presently engaged in preparing expert
`reports in the related case in front of this Court. Accordingly, Oyster requires additional time to
`fully respond to Ciena’s claim construction arguments and both parties require additional time to
`prepare the claim construction tutorial. Moreover, both Oyster and Ciena are involved in expert
`reports and associated deadlines in the related action pending in this Court. No other deadlines,
`including deadlines associated with the claim construction hearing will be effected by the
`requested extension.
`NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the
`parties that:
`1.
`The time to file a Reply Claim Construction Brief shall be extended from March 8,
`2021 to March 15, 2021;
`2.
`The Technology Tutorial shall be continued from March 11, 2021, to April 26,
`2021, or as soon thereafter as the Court is available.
`3.
`The Claim Construction Hearing shall be continued from March 25, 2021 to May
`10, 2021, or as soon thereafter as the Court is available.
`
`IT IS SO STIPULATED.
`
`Dated: March 2, 2021
`
`By: /s/ Paul A. Kroeger
`
`
`
`By: /s/ Blair M. Jacobs
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`Case No. 4:20-cv-02354-JSW
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`JOINT STIPULATION TO EXTEND TIME
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`Case 4:20-cv-02354-JSW Document 54 Filed 03/03/21 Page 3 of 5
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`
` Marc A. Fenster (CA BN 181067
`mfenster@raklaw.com
`Paul A. Kroeger (CA BN 229074)
`pkroeger@raklaw.com
`Reza Mirzaie (CA BN 246953)
`rmirzaie@raklaw.com
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`
`
`Attorneys for Plaintiff
`Oyster Optics, LLC
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`Blair M. Jacobs
`blairjacobs@paulhastings.com
`Christina A. Ondrick
`christinaondrick@paulhastings.com
`John S. Holley
`johnholley@paulhastings.com
`PAUL HASTINGS LLP
`2050 M Street NW
`Washington, DC 20036
`Telephone: (202) 551-1700
`Facsimile: (202) 551-1705
`
`Thomas A. Counts (CA BN 148051)
`tomcounts@paulhastings.com
`PAUL HASTINGS LLP
`101 California Street, 48th Floor
`San Francisco, CA 94111
`Telephone: (415) 856-7000
`Facsimile: (415) 856-7116
`
`
`
`Attorneys for Defendant
`Ciena Corporation
`
`
`[PROPOSED] ORDER
`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`
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`Dated:
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`By:
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`
`
`Honorable Jeffrey S. White
`United States District Court Judge
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`Case No. 4:20-cv-02354-JSW
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`JOINT STIPULATION TO EXTEND TIME
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`Case 4:20-cv-02354-JSW Document 54 Filed 03/03/21 Page 4 of 5
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`ATTESTATION
`Pursuant to Civil Local Rule 5-1(i)(3), I, Paul A. Kroeger, attest that concurrence in the
`filing of this document has been obtained from each of the other signatories.
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`/s/ Paul A. Kroeger
`Paul A. Kroeger
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`Case No. 4:20-cv-02354-JSW
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`JOINT STIPULATION TO EXTEND TIME
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`Case 4:20-cv-02354-JSW Document 54 Filed 03/03/21 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 2, 2021, the foregoing was served by electronic mail to all
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`counsel of record.
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`/s/ Paul A. Kroeger
`Paul A. Kroeger
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`Case No. 4:20-cv-02354-JSW
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`JOINT STIPULATION TO EXTEND TIME
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