Volterra Semiconductor Corporation v. Primarion, Inc. et al
Filing
1707
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO DEFENDANTS' SECOND AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS. Signed by Judge Joseph C. Spero on 1/31/12. (klhS, COURT STAFF) (Filed on 1/31/2012)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
12
VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation,
13
Plaintiff,
14
v.
15
16
17
18
PRIMARION, INC., a Delaware
corporation, INFINEON
TECHNOLOGIES AG, a German
corporation, and INFINEON
TECHNOLOGIES NORTH AMERICA
CORPORATION, a Delaware corporation,
Case No. 08-5129 JCS
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO DEFENDANTS’ SECOND
AMENDED ANSWER, AFFIRMATIVE
DEFENSES, AND COUNTERCLAIMS
Location:
Judge:
Courtroom G - 15th Floor
Honorable Joseph C. Spero
Complaint Filed: November 12, 2008
Trial Date: November 1, 2012
19
Defendant.
20
21
AND RELATED COUNTERCLAIMS
22
23
Pursuant to Civ. L.R. 6-1(b), the Parties to this Stipulation, Plaintiff Volterra
24
Semiconductor Corporation and Defendants Primarion, Inc., Infineon Technologies North
25
America Corp., and Infineon Technologies AG, by and through their respective counsel, jointly
26
stipulate to extending the deadline for Volterra to respond to Defendants’ Second Amended
27
Answer Affirmative Defenses, and Counterclaims from January 30, 2012 to February 29, 2012.
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS
23666\2943699.1
1
Pursuant to Civ. L.R. 6-2(a), the Declaration of Jeffrey M. Fisher in Support of Stipulation
2
and [Proposed] Order Extending Time to Respond to Defendants’ Second Amended Answer,
3
Affirmative Defenses, and Counterclaims is being filled concurrently herewith. The Fisher
4
Declaration sets forth with particularity the reasons for the requested time modification, discloses
5
all previous time modifications in this case, and describes the effect the requested modification
6
would have on the schedule for this case.
7
The extension is sought at the request of Plaintiff because an en banc panel of the Federal
8
Circuit has recently vacated Marine Polymer Technologies, Inc. v. Hemcon, Inc., 659 F.3d 1084
9
(Fed. Cir. 2011), a major authority upon which Defendants’ intervening rights defense is based.
10
See Docket. No. 1696. The addition of Defendants’ intervening rights defense is the only
11
amendment in Defendants’ Second Amended Answer. Additional time to respond to Defendants’
12
Second Amended Answer will allow the parties time to consider and further discuss the
13
implications of the pending en banc review. The requested time modifications will not alter the
14
existing schedule for the case.
15
AGREED AND SO STIPULATED.
16
Dated: January 30, 2012
FARELLA BRAUN + MARTEL LLP
17
I represent that concurrence in the filing of this
document has been obtained from each of the
other signatories which shall serve in lieu of
their signatures on this document.
By:
18
19
/s/ Jeffrey M. Fisher
Jeffrey M. Fisher
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation
20
21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS
-2-
23666\2943699.1
1
Dated: January 30, 2012
BAKER BOTTS L.L.P.
2
3
By:
/s/ David G. Wille
David G. Wille
4
Attorneys for Defendants and
Counterclaimants PRIMARION, INC.,
INFINEON TECHNOLOGIES AG, and
INFINEON TECHNOLOGIES NORTH
AMERICA CORP.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS
-3-
23666\2943699.1
1
[PROPOSED] ORDER
2
PURSUANT TO STIPULATION IT IS ORDERED THAT:
3
The deadlines to respond to Defendants’ Second Amended Answer, Affirmative Defenses
PURSUANT TO STIPULATION, IT IS SO ORDERED.
NO
9
RT
January 31, 2012
DATED:_______________________
Judge Jo
H
ER
R NIA
S
UNIT
ED
8
10
RT
U
O
7
S DISTRICT
TE
C
TA
pero
S
seph C.
FO
6
LI
5
and Counterclaims is extended from January 30, 2012 to February 29, 2012.
A
4
N
OF
C
11
D IS T IC T
R
______________________________________
12
THE HONORABLE JOSEPH C. SPERO
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS
-4-
23666\2943699.1
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?