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National Products, Inc. v. Arkon Resources, Inc.

United States District Court, W.D. Washington

October 20, 2017

NATIONAL PRODUCTS INC., Plaintiff,
v.
ARKON RESOURCES, INC., Defendant. NATIONAL PRODUCTS INC., Plaintiff,
v.
HIGH GEAR SPECIALTIES INC., Defendant. NATIONAL PRODUCTS INC., Plaintiff,
v.
WIRELESS ACCESSORY SOLUTIONS, LLC, d/b/a IBOLT -WIRELESS ACCESSORY SOLUTIONS, LLC, Defendant.

          David K. Tellekson (WSBA No. 33523), Ewa M. Davison (WSBA No. 39524), Jonathan T. McMichael (WSBA No. 49895), Jessica M. Kaempf (WSBA No. 51666) 1191 Attorneys for Plaintiff

          James E. Breitenbucher (WSBA No. 27670) Attorneys for Defendants

          ROBERT J. CARLSON, WSBA #18455, Terrance C. Newby (admitted pro hac vice), E. Casey Beckett (admittedpro hac vice) Attorneys for Defendant BRACKETRON, INC.

          STIPULATED MOTION AND ORDER FOR REVISED SCHEDULE

          HONORABLE JAMES L. ROBART UNITED STATES DISTRICT JUDGE

         Pursuant to LCR 10(g), Plaintiff National Products Inc. ("NPI") and defendants Arkon Resources, Inc. ("Arkon"), High Gear Specialties Inc. ("High Gear"), Wireless Accessory Solutions, LLC, d/b/a IBOLT - Wireless Accessory Solutions, LLC ("IBOLT"), and Bracketron, Inc. ("Bracketron") (collectively, "Defendants") jointly submit and respectfully request that the Court adopt the following revised proposed schedule to govern the above-captioned matter in light of the changes resulting from the Court's Claim Construction Order, entered on October 2, 2017 (Dkt. No. 96) and the Court's Orders granting the parties' motions for leave to amend their contentions (Dkt. Nos. 100, 103):

Event

Current Schedule (Dkt. No. 74)

Parties' Proposal

Document Production and Written Fact Discovery Deadlines

N/A

January 9, 2018

Reports from Expert Witnesses Under FRCP 26(a)(2)

December 1, 2017

February 2, 2018

Rebuttal Expert Reports Due

December 22, 2017

February 23, 2018

All motions related to discovery must be noted on the motion calendar pursuant to LCR 7(d)(3) or LCR 37(a)(2)

January 26, 2018

March 29, 2018

Discovery Complete

February 1, 2018

April 6, 2018

         Good cause exists to modify the current schedule. NPI's deadline for serving Defendants with its amended infringement contentions is October 27, 2017, and Defendants' deadline for serving NPI with their amended non-infringement and amended invalidity contentions is November 10, 2017. See Dkt. Nos. 100, 103. Under the current schedule, the deadline to exchange reports of the parties' expert witnesses under FRCP 26(a)(2) is December 1, 2017. Dkt. No. 74. Good cause exists due to the proximity in time of the deadlines for serving amended contentions and for serving opening expert reports, as the parties' experts need to consider the amended contentions prior to forming opinions that are subject of the expert reports. The parties may also need to take additional discovery based on the amended contentions, including for example, discovery regarding any new prior art disclosed in the amended contentions. Additionally, counsel for NPI and counsel for Arkon, IBOLT and High Gear will be in trial beginning on November 13, 2017 for the case, National Products Inc. v. Arkon Resources, Inc., No. 2:15-cv-01553 (W.D. Wash.), filed on September 30, 2015 in the United States District Court for the Western District of Washington and assigned to Judge Robert S. Lasnik.

         Accordingly, due to the condensed schedule and the parties' scheduling conflicts in the coming months, the parties believe that good cause exists to modify the current schedule as provided above.

         Respectfully submitted this 20th day of October, 2017.

         ORDER

         This matter is before the Court on the parties' Stipulated Motion for Revised Schedule ("the Stipulated Motion"). The Court, having considered this matter and the record in this case, ORDERS as follows:

         The Stipulated Motion is GRANTED in its entirety.

         IT IS HEREBY ORDERED THAT the following schedule of deadlines is in effect:

Event

Deadline

Document Production and Written Fact Discovery Deadlines

January 9, 2018

Reports from Expert Witnesses Under FRCP

February 2, 2018 26(a)(2)

Rebuttal Expert Reports Due

February 23, 2018

All motions related to discovery must be noted on the motion calendar pursuant to LCR 7(d)(3) or LCR 37(a)(2)

March 29, 2018

Discovery Complete

April 6, 2018


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