Amkor Technology, Inc. v. Carsem (M) Sdn Bhd et al

Filing 43

ORDER. Pursuant to 28 U.S.C. 1659, the Stay Order shall remain in effect until the determination of the Commission in the ITC Inv. No. 337-TA-501 becomes final, including any appeals pursuant to the decision in In re Prince Corp., 478 F.3d 1345, (Fed.Cir.2007), re doc 42 Status Report filed by Amkor Technology, Inc. Signed by Judge Vaughn R Walker on 7/27/2010. (cgk, COURT STAFF) (Filed on 7/27/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNIT ED Russell L. Johnson (SBN 053833) rljohnson@sidley.com Peter H. Kang (SBN 158101) pkang@sidley.com Teague I. Donahey (SBN 197531) tdonahey@sidley.com Sidley Austin LLP 555 California Street San Francisco, California 94104 Telephone: (415) 772-1200 Facsimile: (415) 772-7400 Attorneys for Plaintiff AMKOR TECHNOLOGY, INC. William J. Bohler (SBN 141970) wjbohler@comcast.net LAW OFFICE OF WILLIAM BOHLER 8043 Rockford Place Pleasanton, California 94566 Telephone: (650) 218-6652 Facsimile: (925) 846-3914 S S DISTRICT TE C TA ER N D IS T IC T R OF A July 27, 2010 C LI aughn R Judge V FO Walker R NIA OO IT IS S RDERE D RT U O Attorneys for Defendants CARSEM (M) SDN BHD, CARSEM SEMICONDUCTOR SDN BHD, and CARSEM INC., United States District Court Northern District of California San Francisco Division AMKOR TECHNOLOGY, INC., Plaintiff, vs. CARSEM (M) SDN BHD, CARSEM SEMICONDUCTOR SDN BHD, and CARSEM INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 03-5116 VRW (filed Nov. 18, 2003) TWELFTH JOINT STATUS REPORT CONCERNING STAY OF PROCEEDINGS Pursuant to the Court's request, see Docket No. 41 (June 25, 2010), the parties hereby submit this Twelfth Joint Status Report Concerning Stay of Proceedings. The parties are continuing to TWELFTH JOINT STATUS REPORT CONCERNING STAY OF PROCEEDINGS No. C 03-5116 VRW NO RT H ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 litigate their dispute before the U.S. International Trade Commission ("ITC") in the investigation styled In the Matter of Certain Encapsulated Integrated Circuit Devices and Products Containing Same, ITC Inv. No. 337-TA-501. The Administrative Law Judge ("ALJ") issued an Initial Determination ("ID") on November 18, 2004. Thereafter, on February 1, 2005, the ITC decided to review the ALJ's ID. The ITC modified the ALJ's claim construction regarding certain terms and remanded the investigation back to the ALJ for further findings in light of these changes. On November 9, 2005, the ALJ issued a second ID. On July 1, 2009, the ITC again remanded this investigation to the ALJ. A further evidentiary hearing was held before the ALJ on September 10 and 11, 2009, and a third ID was issued on October 30, 2009. On December 16, 2009, the ITC determined that it would review the third ID in its entirety and requested additional briefing from the parties. On February 18, 2010, the ITC reversed the third ID and remanded this investigation to the ALJ to make findings on the issues of anticipation and obviousness in light of prior art determinations by the Commission. On March 22, 2010, the ALJ issued a fourth ID, which is under review by the Commission. The target date for completion of this investigation is July 20, 2010. Therefore, pursuant to 28 U.S.C. 1659, the parties respectfully request that the Stay Order remain in effect until the determination of the Commission in the ITC Inv. No. 337-TA-501 becomes final, including any appeals pursuant to the decision in In re Princo Corp., 478 F.3d 1345, reh. den., 486 F.3d 1365 (Fed. Cir. 2007). TWELFTH JOINT STATUS REPORT CONCERNING STAY OF PROCEEDINGS No. C 03-5116 VRW 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to General Order 45.X.B, Plaintiff obtained concurrence in the filing of this document from counsel for Defendants, as listed below. Dated: July 15, 2010 SIDLEY AUSTIN LLP By: /s/ Peter H. Kang Peter H. Kang Attorneys For Plaintiff Amkor Technology, Inc. Dated: July 15, 2010 LAW OFFICE OF WILLIAM BOHLER By: /s/ William J. Bohler William J. Bohler Attorneys For Defendants Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem Inc. TWELFTH JOINT STATUS REPORT CONCERNING STAY OF PROCEEDINGS No. C 03-5116 VRW 3

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