Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 1616

STIPULATION AND ORDER REGARDING POST TRIAL BRIEFING. Dfts' Post-trial Motions (Rules 50 and 59 and For Certification of Judgment) due by 6/24/2011. Opposition due 8/1/11 to Post trial motions; Opposition due8/3/11 to Certification Motion; Reply due 8/12/11. Signed by Judge Joseph C. Spero on 6/811. (klh, COURT STAFF) (Filed on 6/8/2011)

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James W. Morando (State Bar No. 087896)
[e-mail]
Jeffrey M. Fisher (State Bar No. 155284)
[e-mail]
Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation,

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Plaintiff,
vs.
PRIMARION, INC., a Delaware
corporation, INFINEON
TECHNOLOGIES AG, a German
corporation, and INFINEON
TECHNOLOGIES NORTH AMERICA
CORPORATION, a Delaware corporation,

Case No. CV-08-5129 JCS
STIPULATION REGARDING POSTTRIAL BRIEFING
Dept.:
Judge:

Courtroom A, 15th Floor
Honorable Joseph C. Spero

Complaint Filed: November 12, 2008
Trial Date:
May 9, 2011

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Defendants.
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AND RELATED COUNTERCLAIMS.

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION RE POST-TRIAL BRIEFING

Case No. CV-08-5129 JCS

23666\2639250.1

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WHEREAS, trial of the initial phase in the above captioned action began on May 9, 2011
and concluded on May 24, 2011;
WHEREAS, Defendants intend to file a post-trial motion pursuant to Federal Rule of
Civil Procedure 50 and 59;
WHEREAS, the parties have agreed that Defendants will file one combined 25 page Rule
50 and 59 post-trial motion;

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WHEREAS, Defendants also intend to file a motion requesting that the Court certify a

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judgment pursuant to Federal Rule of Civil Procedure 54 and/or take other action to enable an

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immediate appeal of the Court’s rulings and the jury’s verdict relating to the Burstein Patents;

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WHEREAS, at the June 3, 2011 Status Conference, the Court directed that Defendants’

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motions should be heard on the same date, September 9, 2011, and directed the parties to provide

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a briefing schedule with respect to these motions whereby Defendants’ reply memoranda would

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be filed on August 12, 2011;

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WHEREAS, the Court has set a Case Management Conference for September 9, 2011, at
which the parties will be prepared to discuss a schedule for the remainder of this action; and
WHEREAS, the Court has ordered the parties to submit a Case Management Conference
Statement on September 2, 2011;
THE PARTIES HEREBY STIPULATE, BY AND THROUGH THEIR COUNSEL
OF RECORD, AS FOLLOWS:
1.

Defendants shall file and serve their combined Rules 50 and 59 post-trial motion

(“Defendants’ Post-Trial Motion”) and supporting memorandum on June 24, 2011;
2.

Defendants shall file and serve their motion regarding certification of a judgment

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and supporting memorandum on June 24, 2011 (“Defendants’ Motion Re Certification of

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Judgment”). Defendants’ motion shall raise all legal theories and arguments that Defendants will

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make in connection with their request to seek immediate appellate review of any decision made to

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date and orders or judgments made or entered with respect to the Burstein Patents regardless of

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the underlying rule, statute, other authority, or other basis;

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION RE POST-TRIAL BRIEFING

Case No. CV-08-5129 JCS

-2-

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3.

On August 1, 2011, Volterra shall file its opposition to Defendants’ Post-Trial

Motion;
4.

On August 3, 2011, Volterra shall file its opposition to Defendants’ Motion Re

Certification of Judgment;
5.

Defendants shall file their reply memoranda in support of both motions on August

12, 2011; and
6.

The parties shall exchange proposed schedules for the remainder of this action and

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shall meet and confer in advance of September 2, 2011 such that the parties can submit to the

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Court a proposed schedule for the remainder or this action on September 2, 2011 in connection

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with the September 9, 2011 Case Management Conference.

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IT IS SO STIPULATED.
FARELLA BRAUN & MARTEL LLP
Dated: June 7, 2011
By:

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Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION

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/s/ Jeffrey M. Fisher______
Jeffrey M. Fisher

Dated: June 7, 2011

McDERMOTT WILL & EMERY LLP

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By:

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_____/s/ Vera Elson_
Vera Elson
Attorneys for Defendants
PRIMARION, INC., INFINEON
TECHNOLOGIES AG, and INFINEON
TECHNOLOGIES NORTH AMERICA
CORPORATION

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S

June 8
Dated ________________2011

ER

seph C.

Spero

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Case No. CV-08-5129 JCS

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STIPULATION RE POST-TRIAL BRIEFING

Judge Jo

FO

NO

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R NIA

The Honorable Joseph Spero Magistrate Judge

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

ISTRIC
ES D
TC
AT
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APPEARING, IT IS SO ORDERED

RT
U
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PURSUANT TO THE STIPULATION OF THE PARTIES, AND GOOD CAUSE

UNIT
ED

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