New Pacer--RECOMMENDED DISCOVERY ORDER NO.3.

THOMAS HR DENVER, ESQ. (56872)
Mediation Masters
96 North Third Street
Suite 300
San Jose, CA 95112
Telephone:
Facsimile:
Special Master

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

ACER INC., HTC CORP., BARCO NV,
Plaintiffs,
vs.
TECHNOLOGY PROPERTIES, LTD. et aI., Defendants.
Case No: C-08-00877 JW C-08-00882 JW C-08-05398 JW

RECOMMENDED DISCOVERY ORDER NO.3.

Pursuant to Stipulation of the parties (attached hereto as Exhibit A), it is ordered
that: 1. In addition to the claims identified in Discovery Order No.2, TPL shall serve
amended ICs for Claims 7, 10, 14 and 16 of the '336 Patent;
TPL shall serve its amended ICs for claims identified in the Stipulation and

Discovery Order NO.2 by March 30, 2012.
Dated:
March 16,2012
lsI Thomas HR Denver
THOMAS HR DENVER

RECOMMENDED DISCOVERY ORDER NO.3
EXHIBIT A
Daniel J. O'Connor (Pro Hac Vice)
Edward K. Runyan (Pro Hac Vice)
BAKER & MCKENZIE LLP
300 East Randolph Drive
Chicago, IL 60601
Telephone: daniel..Tod L. Gamlen (SBN 83458)
BAKER & MCKENZIE LLP
660 Hansen Way
Palo Alto, CA 94303-1044
Attorneys for Plaintiff
BARCON.V.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
BARCO N.V., a Belgian corporation Plaintiff,
v. TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., and ALLIACENSE LTD.,
Defendants.

STIPULATION AND [PROPOSED] ORDER CASE NO. 3:08-cv-05398 JW
Case No. 3:08-cv-05398 JW

STIPULATION AND [Im9PQ~M)] ORDER EXTENDING DEADLINE TO SERVE AMENDED INFRINGEMENT CONTENTIONS AND INCLUDING ADDITIONAL CLAIMS FOR WHICH TPL SHALL AMEND ITS INFRINGEMENT CONTENTIONS

Pursuant to Northern District of California Civil Local Rules 6-2 and 7-12, Plaintiff Barco
N.V. ("Barco") and Defendants Technology Properties Limited, Patriot Scientific Corporation, and Alliacense Limited (collectively "Defendants" or "TPL"), hereby stipulate and request that the Court:
(1) extend the deadline to serve amended Infringement Contentions (ICs) as set forth in Special
Master Thomas Denver's Order on Barco's Motion to Strike (Dkt. 332, Related Case No. 3:08-cv00877-
JW) (the "Order") by four additional business days so that the deadline to serve amended ICs
is extended from March 26, 2012 to March 30, 2012 and (2) include four additional claims (claims 7,
10, 14, and 16) of U.S. Patent No. 5,809,336 (the '336 patent) for which TPL shall serve amended
Infringement Contentions (ICs).
WHEREAS, Barco's Proposed Order (Dkt. 238-5) and Barco's Reply Brief (Dkt. 266) requested the Court, inter alia, to strike the ICs for claims 1,6, 11, and 13 of the '336 patent, because certain limitations for these claims rely on one or more published articles;
WHEREAS, Barco's Opening Motion noted that, in addition to the ICs for claims 1,6, 11, and
13 of the '336 patent, ICs for claims 7, 10, 14, and 16 of the '336 patent also rely solely on the same
one or more published articles for certain claim limitations. See page 6, line 21 to page 7, line 24 0
Barco's Opening Motion (Dkt. 238);
WHEREAS, claims 7, 10, 14, and 16 of the '336 patent were inadvertently omitted from
Barco's Proposed Order (Dkt. 238-5) and Reply Brief (Dkt. 266);
WHEREAS, Special Master Thomas Denver's Order on Barco's Motion to Strike (Dkt. 332,
Related Case No. 3:08-cv-00877-JW), in apparent reliance on Barco's Proposed Order, ordered TPL
to amend the ICs for claims 1,6, 11, and 13 ofthe '336 patent for relying on published articles;
WHEREAS, while TPL disputes that its ICs are insufficient, it does not dispute that the same
rationale underlying the Special Master's Order relating to ICs for claims 1,6, 11 and 13 of the '336
patent also applies to claims 7, 10, 14, and 16 of the '336 patent;
WHEREAS, TPL was ordered by Special Master Thomas Denver to serve amended ICs within 20 days of his Order becoming final (i.e., by March 26, 2012);
STIPULATION AND PROPOSED] ORDER
WHEREAS, Barco will not be prejudiced if the deadline to serve amended ICs is extended from March 26,2012 to March 30, 2012; and ACCORDINGLY, it is hereby stipulated by and among the parties that:
(1)
In addition to the claims identified in Special Master Thomas Denver's Order of February 24,2012, TPL shall serve amended ICs for claims 7, 10, 14, and 16 ofthe '336 patent; and
(2)
TPL shall serve its amended ICs for claims identified in this stipulation and in Special Master Thomas Denver's Order by March 30, 2012.
Respectfully Submitted,
Dated: March 13,2012 BAKER & McKENZIE LLP
By: lsi Edward K. Runyan Edward K. Runyan
Attorneys for Plaintiff BARCON.V.
Dated: March 13,2012 AGILITY IP LAW, LLP
By: lsi James C. Otteson James C. Otteson Michelle G. Breit
Attorneys for Defendants TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED
PU RSUANT TO STIPULATION, IT IS SO ORDERED.
Jfi:,
Dated: March.l:e, 2012
At rlI\ A~

THOMAS HR DENVER Special Master
STIPULATION AND [PROPOSED) ORDER
page 2 CASE NO. 3:08-cv-05398 JW

ATTESTATION PURSUANT TO GENERAL ORDER 45

Pursuant to General Order 45, I represent that concurrence in the filing of this document has been obtained from the other signatory which shall serve in lieu ofhis signature on this document.
Dated: March 13,2012 lsi Edward K. Runyan Edward Runyan, Esq.
STIPULATION AND [pROPOSED] ORDER