Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 1725

FURTHER STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO DEFENDANTS' SECOND AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS. Signed by Judge Joseph C. Spero on 2/29/12. (klhS, COURT STAFF) (Filed on 3/1/2012)

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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 FURTHER 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: Trial Date: November 12, 2008 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 February 29, 20121 until thirty (30) days 28 1 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 The parties had previously stipulated to extend this deadline to February 29, 2012. Dkt No. 1706. STIPULATION AND [PROPOSED] ORDER EXTENDING TIME / CASE NO.: CV- 08-05129-JCS 23666\2973985.1 1 after the en banc panel of the Federal Circuit issues its ruling in Marine Polymer Technologies, 2 Inc. v. Hemcon, Inc., 659 F.3d 1084 (Fed. Cir. 2011), a major authority upon which Defendants’ 3 intervening rights defense is based. See Docket. No. 1696. 4 Pursuant to Civ. L.R. 6-2(a), the Declaration of Jeffrey M. Fisher in Support of Stipulation 5 and [Proposed] Order Extending Time to Respond to Defendants’ Second Amended Answer, 6 Affirmative Defenses, and Counterclaims is being filled concurrently herewith. The Fisher 7 Declaration sets forth with particularity the reasons for the requested time modification, discloses 8 all previous time modifications in this case, and describes the effect the requested modification 9 would have on the schedule for this case. 10 As set forth in the Fisher Declaration, this further extension is sought because the en banc 11 panel of the Federal Circuit has recently vacated Marine Polymer Technologies, Inc. v. Hemcon, 12 Inc., 659 F.3d 1084 (Fed. Cir. 2011). The addition of Defendants’ intervening rights defense is 13 the only amendment in Defendants’ Second Amended Answer. Additional time to respond to 14 Defendants’ Second Amended Answer as requested in this Stipulation will allow time for the en 15 banc panel to review and rule on the Marine Polymer decision and then allow time for the parties 16 time to consider and further discuss the implications of the en banc panel’s decision and its 17 impact on Defendants’ intervening rights defense. The requested time modifications will not alter 18 the existing schedule for the case. 19 AGREED AND SO STIPULATED. 20 Dated: February 28, 2012 FARELLA BRAUN + MARTEL LLP 21 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: 22 23 /s/ Jeffrey M. Fisher Jeffrey M. Fisher Attorneys for Plaintiff VOLTERRA SEMICONDUCTOR CORPORATION, a Delaware corporation 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\2973985.1 1 Dated: February 28, 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\2973985.1 1 [PROPOSED] ORDER 2 PURSUANT TO STIPULATION IT IS ORDERED THAT: 3 The deadlines to respond to Defendants’ Second Amended Answer, Affirmative Defenses 4 and Counterclaims is extended from February 29, 2012 until thirty (30) days after the en banc 5 panel of the Federal Circuit issues its ruling in Marine Polymer Technologies, Inc. v. Hemcon, 6 Inc., 659 F.3d 1084 (Fed. Cir. 2011). 7 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 11 February 29, 2012 DATED:_______________________ LI RT 13 FO NO Spero seph C. Judge Jo ______________________________________ H ER THE HONORABLE JOSEPH C. C N F SPERO 14 A 12 R NIA UNIT ED 10 S DISTRICT TE C TA RT U O S 9 D IS T IC T O R 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\2973985.1

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