Overture Services, Inc. v. Google Inc. Doc.

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Case 3:02-cv-01991-JSW Document 51 Filed 02/06/2003 Page 1 of 4

1 BRINKS HOFER GILSON & LIONE

JACK C. BERENZWEIG (Admitted Pro Hac Vice)
2 WILLIAM H. FRANKEL (Admitted Pro Hac Vice)
JASON C. WHITE (Admitted Pro Hac Vice)
3 CHARLES M. MCMAHON (Admitted Pro Hac Vice)
NBC Tower - Suite 3600
4 455 North Cityfront Plaza Drive
Chicago, Illinois 60611
5 Telephone: (312) 321-4200
Facsimile: (312) 321-4299
6
Attorneys for Plaintiff
7 OVERTURE SERVICES, INC.

8
KEKER & VAN NEST, LLP
9 JOHN W. KEKER - #49092
JON B. STREETER - #101970
10 DARALYN J. DURIE - #169825
MICHAEL S. KWUN - #198945
11 710 Sansome Street
San Francisco, CA 94111-1704
12 Telephone: (415) 391-5400
Facsimile: (415) 397-7188
13
Attorneys for Defendant
14 GOOGLE INC.

15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
SAN FRANCISCO DIVISION
18

19
OVERTURE SERVICES, INC., a Delaware Case No. C 02-01991 JSW ADR
20 corporation,
FURTHER JOINT CASE
21 Plaintiff, MANAGEMENT STATEMENT

22 v. Judge: Hon. Jeffrey S. White

23 GOOGLE INC., a California corporation,

24 Defendant.

25

26 Plaintiff Overture Services, Inc. (“Overture”) and defendant Google Inc. (“Google”)
27 hereby submit this Further Joint Case Management Statement, and request that the Court adopt
28 the proposed Case Management Order that is being filed herewith. This Further Joint Case

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306636.02 FURTHER JOINT CASE MANAGEMENT STATEMENT
CASE NO. C 02-01991 JSW ADR
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 Case 3:02-cv-01991-JSW Document 51 Filed 02/06/2003 Page 2 of 4

1 Management Statement omits discussion of the background and procedural history of this case.

2 Those matters were fully discussed in the parties’ January 24, 2003 Joint Case Management

3 Statement.

4 Discovery and Claim Construction Schedule

5 In the January 24, 2003 Joint Case Management Statement, the parties proposed a

6 schedule for discovery and claim construction that was similar to the schedule set by the orders

7 dated January 6 and 7, 2003 by Magistrate Judge Laporte and Judge Breyer. However, due to

8 technical difficulties with Overture’s production of source code, the dates in the schedule then

9 proposed by the parties were one week later than the dates previously ordered by Magistrate

10 Judge Laporte and Judge Breyer. The Court adopted the parties’ proposed schedule in a Case

11 Management Order dated January 31, 2003.

12 Since the submission of the January 24, 2003 Joint Case Management Statement, Google

13 encountered similar technical difficulties with its production of source code. Google is in the

14 process of correcting its source code production.

15 Due to the time necessary to make these corrections, the parties agree that a further

16 extension of case management deadlines is necessary. The parties therefore jointly propose the

17 following changes to the case management schedule:

18 Event Patent L.R. Old Date New Date

19
Last Day for the Parties to Exchange Source
20 Code Responsive to Discovery Requests Served
1/24/03 2/14/03
Prior to December 18, 2002, Subject to Any
21 Appropriate Objections

22 Last Day for Overture to Serve Revised

Preliminary Infringement Contentions with 3-1 2/7/03 2/28/03
23 Respect to Claim 14 of the ’361 Patent
24 Last Day for Google to Serve Preliminary
3-3 2/21/03 3/14/03
Invalidity Contentions
25

26 Last Day for Simultaneous Exchange of Proposed

Terms and Claim Elements for Construction 4-1 3/10/03 3/31/03
27 and/or Governed by 35 U.S.C. § 112 ¶ 6

28

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306636.02 FURTHER JOINT CASE MANAGEMENT STATEMENT
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 Case 3:02-cv-01991-JSW Document 51 Filed 02/06/2003 Page 3 of 4

1 Event Patent L.R. Old Date New Date

2
Last Day for Simultaneous Exchange of
3 Preliminary Claim Constructions and Extrinsic 4-2 3/31/03 4/21/03
Evidence
4
Last Day for Parties to File Joint Claim
4-3 4/22/03 5/13/03
5 Construction and Prehearing Statement
6 Last Day to Complete Mediation before a Private
4/28/03 5/19/03
Mediator
7
Last Day to Take Discovery Relating to Claim
8 4-4 5/22/03 6/12/03
Construction
9
5/23/03, 6/13/03,
Case Management Conference
10 3:00 p.m. 3:00 p.m.

11 Last Day for Overture to File Opening Claim

4-5 6/6/03 6/27/03
Construction Brief and Supporting Evidence
12
Last Day for Google to File Responsive Claim
13 4-5 6/20/03 7/11/03
Construction Brief and Supporting Evidence
14 Last Day for Overture to File Reply Claim
4-5 7/1/03 7/22/03
Construction Brief and Rebuttal Evidence
15
Technology Tutorial for Court and Claim 7/16/03, On or after
16 4-6
Construction Prehearing Conference 8:30 a.m. 8/5/03
17
Technology Tutorial for Court and Claim 7/17/03, On or after
4-6
18 Construction Prehearing Conference 8:30 a.m. 8/5/03

19 The parties do not, at this time, anticipate that there will be a need to extend these dates
20 further, should the Court adopt the schedule proposed above.
21 Dated: February 6, 2003 BRINKS HOFER GILSON & LIONE
22

23
By: /s/ Charles M. McMahon ______________
24
CHARLES M. MCMAHON
25 Attorneys for Plaintiff
OVERTURE SERVICES, INC.
26

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306636.02 FURTHER JOINT CASE MANAGEMENT STATEMENT
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 Case 3:02-cv-01991-JSW Document 51 Filed 02/06/2003 Page 4 of 4

1 Dated: February 6, 2003 KEKER & VAN NEST, LLP

3
By: /s/ Michael S. Kwun _________________
4 MICHAEL S. KWUN
Attorneys for Defendant
5 GOOGLE INC.
6 I hereby attest that concurrence in the filing of this document has been obtained from
7 Charles M. McMahon.
8 Dated: February 6, 2003 KEKER & VAN NEST, LLP
9

10
By: /s/ Michael S. Kwun _________________
11 MICHAEL S. KWUN
Attorneys for Defendant
12 GOOGLE INC.
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306636.02 FURTHER JOINT CASE MANAGEMENT STATEMENT
CASE NO. C 02-01991 JSW ADR