Funai Electric Company, Ltd. v. Daewoo Electronics Corporation et al

Filing 987

STIPULATION AND ORDER REGARDING FEES, EXPENSES AND COSTS TO BE AWARDED TO FUNAI. Signed by Judge Joseph C. Spero on 8/12/09. (klh, COURT STAFF) (Filed on 8/12/2009)

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Michael J. Lyons (S.B.N. 202284) Lorraine M. Casto (S.B.N. 238154) Harry F. Doscher (S.B.N. 245969) [e-mail] [e-mail] [e-mail] MORGAN, LEWIS & BOCKIUS LLP 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2122 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Funai Electric Company, Ltd.

Perry R. Clark (S.B.N. 197101) [e-mail] KIRKLAND & ELLIS LLP 950 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Jenny N. Lee (S.B.N. 247684) Sarah L. Forney (S.B.N. 254769) Marc Tarlock (S.B.N. 257712) [e-mail] [e-mail] [e-mail] KIRKLAND & ELLIS LLP 555 California Street, Ste. 2700 San Francisco, CA 94104-1510 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Daewoo Electronics Corporation and Daewoo Electronics America Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

FUNAI ELECTRIC COMPANY, LTD., Plaintiff, vs. DAEWOO ELECTRONICS CORPORATION, ET AL., Defendants.

Case No. C 04-1830 JCS STIPULATION AND [PROPOSED] ORDER REGARDING FEES, EXPENSES AND COSTS TO BE AWARDED TO FUNAI

Stipulation and [PROPOSED] Order Re Fees, Expenses and Costs to be Awarded to Funai
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Plaintiff Funai Electric Company, Ltd. ("Funai") and Defendants Daewoo Electronics Corporation ("DEC") and Daewoo Electronics America Inc. ("DEAM") (collectively "Defendants") hereby stipulate and request entry of this proposed order as follows: WHEREAS, on January 5, 2009, this Court entered its Order Re Post Trial Motions, awarding Funai attorneys' fees, expenses and costs according to proof; WHEREAS, on March 10, 2009, the Court of Appeals for the Federal Circuit docketed the Defendants' appeal and Funai's cross-appeal; WHEREAS, on June 12, 2009, Funai submitted its Renewed Application for Attorneys' Fees [D.I.s 940 and 957], which application is still pending; WHEREAS, on June 18, 2009, the Clerk of this Court taxed costs in the amount of $47,852.74; WHEREAS, on June 25, 2009, Funai submitted its Motion for Review of Clerk's Taxation of Costs [D.I. 953], which motion is still pending; WHEREAS, on July 24, 2009, Funai submitted its Renewed Application for Expenses [D.I. 977], which application is still pending; IT IS HEREBY STIPULATED THAT: 1. Funai shall be awarded a total of $3,952,147.26 in attorneys' fees and expenses under

35 U.S.C. § 285, and taxed costs in the amount of $47,852.74. 2. Upon signed judicial approval of this Stipulation, Funai hereby withdraws its

Renewed Application for Attorneys' Fees, Motion for Review of Clerk's Taxation of Costs and Renewed Application for Expenses. 3. Within two weeks from signed judicial approval of this Stipulation, Daewoo intends,

by and through its counsel, to deposit an additional $4,000,000.00 with the Clerk of Court for the Southern District of Florida in order to obtain a stay of enforcement as to the $3,952,147.30 award of attorneys' fees, expenses and the $47,852.74 in taxed costs. 4. Upon deposit of the funds described in paragraph 3 above, all enforcement

proceedings as to Funai's attorneys' fees, expenses and costs awards shall be stayed. 5. To the extent the Court of Appeals for the Federal Circuit vacates, reverses, remands
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or otherwise modifies this Court's findings of liability regarding one or more of the patents-in-suit, or vacates, reverses, remands or otherwise modifies this Court's findings regarding Funai's claim for successor liability, Funai and Defendants agree that any party is entitled to seek a re-calculation of the stipulated amounts herein and request this Court to either increase or decrease the award of attorneys' fees, expenses or taxed costs, as appropriate under the circumstances.

Dated: August 11, 2009

MORGAN LEWIS & BOCKIUS LLP

KIRKLAND & ELLIS LLP

By: /s/ Michael J. Lyons __________________ Michael J. Lyons Lorraine M. Casto Harry F. Doscher Attorneys for Plaintiff Funai Electric Company, Ltd.

By: Jenny N. Lee _______________________ Perry R. Clark Jenny N. Lee Sarah Forney Marc Tarlock Attorneys for Defendants Daewoo Electronics Corporation, et al.

PURSUANT TO STIPULATION, IT IS SO ORDERED.
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August 12, 2009 Dated: ___________________

___________________________ United States Magistrate Judge Hon. Joseph C. Spero pero ph C. S
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Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Michael J. Lyons, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 11th day of August 2009, at Palo Alto.

/s/ Michael J. Lyons Michael J. Lyons

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