Contract analysis

1. BACKGROUND. 1.1 Nature of the Action. On June 3, 2022, Plaintiff OWS filed this patent infringement action against Defendant Lumos, asserting infringement of four (4) United States patents: U.S. Patent No. 10,234,567 (the "'567 Patent"), U.S. Patent No. 10,891,234 (the "'234 Patent"), U.S. Patent No. 11,045,678 (the "'678 Patent"), and U.S. Patent No. 11,312,890 (the "'890 Patent") (collectively, the "Patents-in-S

2. TERMS OF THE STIPULATED STAY 2.1 Scope of Stay. All deadlines, obligations, and proceedings related to fact discovery, expert discovery, and any other discovery or pretrial obligations in this action shall be stayed for a period of thirty (30) calendar days from the date of entry of the Court's Order approving this Joint Stipulation. The stay shall apply broadly to all discovery and pretrial activity, including wi

3. GOOD CAUSE EXISTS FOR THE STAY The Parties respectfully submit that good cause exists for the entry of the proposed stay for the following reasons: First, the Court's Claim Construction Order, issued on February 17, 2023, has materially shaped the Parties' respective positions and created conditions that are conducive to a potential settlement. Claim construction is widely recognized as one of the most significant

4. PRAYER FOR RELIEF WHEREFORE, the Parties respectfully request that the Court enter the accompanying [Proposed] Order, substantially in the form attached hereto, granting a thirty (30) day stay of all discovery deadlines and obligations in this action on the terms set forth herein, and providing that any deadlines falling within the stay period be automatically extended by the duration of the stay upon its expirati

1. All discovery deadlines, obligations, and proceedings in this action — including but not limited to fact discovery, expert discovery, document production, interrogatory responses, depositions, obligations under the Court's Case Management Order and Patent Local Rules deadlines, and all meet-and-confer obligations under the Federal Rules of Civil Procedure and Local Rules — are hereby STAYED for a period of thirty

2. The stay ordered herein shall not affect, modify, or relieve either Party of its ongoing obligations to preserve documents and electronically stored information ("ESI") relevant to this action, including obligations arising under any litigation hold notices currently in effect. All obligations under the Stipulated Protective Order entered by the Court on September 19, 2022 (Dkt. No. 41) shall remain in full force

3. Upon expiration of the thirty (30) day stay period, all deadlines that were stayed shall be automatically extended by thirty (30) calendar days from their original dates (or by the actual duration of the stay, if the stay is terminated earlier than thirty days), unless the Parties agree otherwise in writing or the Court otherwise orders. The relative sequencing of all deadlines under the Court's Case Management Or

4. Either Party may terminate the stay upon five (5) business days' written notice to the opposing Party and the Court. Such notice shall be filed on the docket and served on opposing counsel via electronic mail. In the event of early termination, the automatic deadline extension described in Paragraph 3 above shall be calculated based on the actual number of calendar days between the date of this Order and the effec

5. The Parties may jointly request an extension of the stay period beyond the initial thirty (30) day period by filing a further stipulation with the Court, subject to approval by the Court. Any such request shall include a brief statement of the status of settlement discussions and the reason for the requested extension.

6. This Order shall not constitute a waiver of any Party's rights, claims, defenses, or objections in this action, including any discovery rights or objections previously raised. This Order shall not be construed as an admission by either Party on any issue, including the merits of any claim, counterclaim, or defense. Nothing in this Order shall render admissible or permit the use of any settlement discussions or com

7. The Parties are DIRECTED to file a Joint Status Report within five (5) business days of the expiration or termination of the stay, whichever occurs first. The Joint Status Report shall advise the Court of: (a) the current status of settlement discussions; (b) whether the Parties have reached a resolution, in whole or in part; and (c) if the case has not been fully resolved, a proposed schedule for the completion o