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

Filing 73

ORDER REQUESTING BRIEFING (whalc1, COURT STAFF) (Filed on 1/14/2013)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 12 13 14 15 16 Plaintiff, v. ORDER REQUESTING BRIEFING CARSEM (M) SDN BHD ET AL, Defendant. / 17 18 No. C 03-05116 WHA AMKOR TECHNOLOGY, INC., At the January 10 case management conference, the parties disputed the question of 19 whether the district court action could proceed on the issue of damages while other issues 20 continue before the FTC. Under In re Princo Corporation, 478 F.3d 1345, 1356 (Fed. Cir. 21 2007), the answer is no. The mandatory stay “of any district court determination of issues 22 pending before the Commission . . . extends to any district court ‘proceedings’ on a ‘claim’ 23 involving issues pending before the Commission.” Id. Accordingly, the current stay order must 24 remain in effect. In an ex parte letter brief filed after the case management conference, however, 25 plaintiff now contends that defendant has not appealed the Commission’s decision with respect 26 to two of the three patents in the action, and that therefore those patents are no longer ‘pending 27 before the Commission.’ Plaintiff asks that the stay be lifted as to these two patents so that the 28 action can proceed in this district. 1 2 Defendant may respond to plaintiff’s submission in a brief of not more than four pages by JANUARY 17 AT NOON. No replies, please. 3 4 5 IT IS SO ORDERED. 6 7 Dated: January 14, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?