Vertical Computer Systems Inc (fka VCSY)

[lbman]

courtesy of jonnyQwan ragingbull #348855:


New Pacer in SF... Stipulation..


Case3:10-cv-04645-RS Document157 Filed01/02/13 Page1 of 4
STIPULATED REQUEST FOR REINSTATEMENT OF
VERTICAL'S AMENDED INFRINGEMENT CONTENTIONS
CASE NO. 3:10-CV-04645-RS

STIPULATED REQUEST FOR ORDER REINSTATING VERTICAL'S AUGUST 31, 2012 AMENDED INFRINGEMENT CONTENTIONS FOR CLAIMS 56 AND 57 OF U.S. PATENT NO. 6,826,744
Plaintiff, Interwoven, Inc., ("Interwoven") and Defendant, Vertical Computer Systems, Inc. ("Vertical"), by and through their respective counsel of record, hereby stipulate to the reinstatement of the infringement contentions related to Claims 56 and 57 of U.S. Patent No. 6,826,744 (the “’744 Patent) included in Vertical's August 31, 2012 Amended Infringement Contentions ("Amended Infringement Contentions") that the Court struck following a hearing on Interwoven’s Motion to Strike held October 16, 2012 [See Dkt. Nos. 126, 129], and to the entry of Vertical’s modified Amended Infringement Contentions, attached hereto as Exhibit A. Vertical further agrees that it will not separately assert Claims 1 and/or 26 of the ’744 Patent against Interwoven or any related entity, including but not limited to Autonomy, Inc. and Hewlett-Packard Co., which have been cancelled in the reexamination proceedings, and the inclusion of Claims 1 and 26 in the Amended Infringement Contentions is solely because asserted dependent claims depend on these independent claims, and not because these claims are being asserted against Interwoven in this litigation.
Interwoven maintains that Vertical's August 31, 2012 Amended Infringement Contentions represent a significant and material change from Vertical's May 26, 2011 initial infringement contentions, thus implicating the doctrine of intervening rights. Interwoven further maintains that Vertical's Amended Infringement Contentions remain deficient. Interwoven does not waive any of its rights by entering into this stipulation and expressly reserves its rights to challenge the sufficiency of Vertical's Amended Infringement Contentions at any time.
Vertical does not agree with any allegations in the previous paragraph. Vertical asserts that the doctrine of intervening rights does not apply and that Vertical's contentions are not deficient. But, in the interest of finalizing the contentions, enters into this Stipulation.
Case3:10-cv-04645-RS Document157 Filed01/02/13 Page2 of 4
STIPULATED REQUEST FOR REINSTATEMENT OF
VERTICAL'S AMENDED INFRINGEMENT CONTENTIONS
CASE NO. 3:10-CV-04645-RS

The parties further stipulate that Interwoven's September 14, 2012 Amended Invalidity Contentions are the operative invalidity contentions in this litigation and do not currently require any modification as a result of the changes in Vertical’s Amended Infringement Contentions. Interwoven expressly reserves its rights to amend its invalidity contentions upon good cause pursuant to this Court’s Patent Local Rules.
Date: January 2, 2013
Respectfully submitted,
/s/ Vasilios D. Dossas VASILIOS D. DOSSAS (Pro Hac Vice) [e-mail] NIRO, HALLER &NIRO 181 West Madison, Suite 4600 Chicago, IL 60602-4515 Telephone: [phone] MARK V. ISOLA (SBN 154614) [e-mail] REHON &ROBERTS, APC 830 The Alameda San Jose, CA 95126 Telephone: [phone] Attorneys for Vertical Computer Systems, Inc.
Date: January 2, 2013
Respectfully submitted, /s/ Thomas C. Flynn
BIJAL V. VAKIL (Cal. Bar No. 192878) [e-mail] NOAH A. BRUMFIELD (Cal. Bar No. 203653) [e-mail] JENNIFER P. GOSSAIN (Cal. Bar No. 254174) [e-mail] THOMAS C. FLYNN (Cal. Bar. No. 257945) [e-mail] WHITE &CASE LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, CA 94306 Telephone: [phone] Attorneys for Plaintiff, Interwoven, Inc.
Case3:10-cv-04645-RS Document157 Filed01/02/13 Page3 of 4
STIPULATED REQUEST