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)

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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,
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v.
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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

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Defendant.
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AND RELATED COUNTERCLAIMS

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Pursuant to Civ. L.R. 6-1(b), the Parties to this Stipulation, Plaintiff Volterra

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Semiconductor Corporation and Defendants Primarion, Inc., Infineon Technologies North

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America Corp., and Infineon Technologies AG, by and through their respective counsel, jointly

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stipulate to extending the deadline for Volterra to respond to Defendants’ Second Amended

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Answer Affirmative Defenses, and Counterclaims from January 30, 2012 to February 29, 2012.

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

STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS

23666\2943699.1

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Pursuant to Civ. L.R. 6-2(a), the Declaration of Jeffrey M. Fisher in Support of Stipulation

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and [Proposed] Order Extending Time to Respond to Defendants’ Second Amended Answer,

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Affirmative Defenses, and Counterclaims is being filled concurrently herewith. The Fisher

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Declaration sets forth with particularity the reasons for the requested time modification, discloses

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all previous time modifications in this case, and describes the effect the requested modification

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would have on the schedule for this case.

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The extension is sought at the request of Plaintiff because an en banc panel of the Federal

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Circuit has recently vacated Marine Polymer Technologies, Inc. v. Hemcon, Inc., 659 F.3d 1084

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(Fed. Cir. 2011), a major authority upon which Defendants’ intervening rights defense is based.

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See Docket. No. 1696. The addition of Defendants’ intervening rights defense is the only

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amendment in Defendants’ Second Amended Answer. Additional time to respond to Defendants’

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Second Amended Answer will allow the parties time to consider and further discuss the

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implications of the pending en banc review. The requested time modifications will not alter the

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existing schedule for the case.

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AGREED AND SO STIPULATED.

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Dated: January 30, 2012

FARELLA BRAUN + MARTEL LLP

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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:

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/s/ Jeffrey M. Fisher
Jeffrey M. Fisher
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation

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

STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS

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23666\2943699.1

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Dated: January 30, 2012

BAKER BOTTS L.L.P.

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By:

/s/ David G. Wille
David G. Wille

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Attorneys for Defendants and
Counterclaimants PRIMARION, INC.,
INFINEON TECHNOLOGIES AG, and
INFINEON TECHNOLOGIES NORTH
AMERICA CORP.

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

STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS

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23666\2943699.1

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION IT IS ORDERED THAT:

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The deadlines to respond to Defendants’ Second Amended Answer, Affirmative Defenses

PURSUANT TO STIPULATION, IT IS SO ORDERED.

NO

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January 31, 2012
DATED:_______________________

Judge Jo

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S DISTRICT
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pero

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and Counterclaims is extended from January 30, 2012 to February 29, 2012.

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D IS T IC T
R
______________________________________

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THE HONORABLE JOSEPH C. SPERO

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

STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS

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23666\2943699.1