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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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
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
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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 February 29, 20121 until thirty (30) days
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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
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after the en banc panel of the Federal Circuit issues its ruling in Marine Polymer Technologies,
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Inc. v. Hemcon, Inc., 659 F.3d 1084 (Fed. Cir. 2011), a major authority upon which Defendants’
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intervening rights defense is based. See Docket. No. 1696.
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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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As set forth in the Fisher Declaration, this further extension is sought because the en banc
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panel of the Federal Circuit has recently vacated Marine Polymer Technologies, Inc. v. Hemcon,
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Inc., 659 F.3d 1084 (Fed. Cir. 2011). The addition of Defendants’ intervening rights defense is
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the only amendment in Defendants’ Second Amended Answer. Additional time to respond to
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Defendants’ Second Amended Answer as requested in this Stipulation will allow time for the en
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banc panel to review and rule on the Marine Polymer decision and then allow time for the parties
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time to consider and further discuss the implications of the en banc panel’s decision and its
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impact on Defendants’ intervening rights defense. The requested time modifications will not alter
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the existing schedule for the case.
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AGREED AND SO STIPULATED.
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Dated: February 28, 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
(415) 954-4400
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS
-2-
23666\2973985.1
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Dated: February 28, 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
(415) 954-4400
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME / CASE NO.: CV- 08-05129-JCS
-3-
23666\2973985.1
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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
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and Counterclaims is extended from February 29, 2012 until thirty (30) days after the en banc
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panel of the Federal Circuit issues its ruling in Marine Polymer Technologies, Inc. v. Hemcon,
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Inc., 659 F.3d 1084 (Fed. Cir. 2011).
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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February 29, 2012
DATED:_______________________
LI
RT
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FO
NO
Spero
seph C.
Judge Jo
______________________________________
H
ER
THE HONORABLE JOSEPH C. C
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F SPERO
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D IS T IC T O
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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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