Volterra Semiconductor Corporation v. Primarion, Inc. et al
Filing
1767
PLEASE DISREGARD. POSTED IN ERROR. SEE DOCKET NO. 1765 STIPULATION AND ORDER REGARDING FURTHER SUPPLEMENTATION OF INTERROGATORY RESPONSES. Signed by Judge Joseph C. Spero on 5/8/12. (klhS, COURT STAFF) (Filed on 5/9/2012) Modified on 5/9/2012 (klhS, COURT STAFF).
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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.
Case No. 08-5129 JCS
STIPULATION AND [PROPOSED]
ORDER REGARDING FURTHER
SUPPLEMENTATION OF
INTERROGATORY RESPONSES
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PRIMARION, INC., a Delaware
corporation, INFINEON
TECHNOLOGIES AG, a German
corporation, and INFINEON
TECHNOLOGIES NORTH AMERICA
CORPORATION, a Delaware corporation,
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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WHEREAS, counsel for the Parties to the above-referenced case have met and conferred
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regarding the relative needs and associated costs of any further supplementation of interrogatories
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which each side has served on the other in this phase of the proceeding or to fully comply with
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the Court’s Orders with respect to interrogatories at the April 27, 2012 discovery hearing and
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have determined that agreement limiting any further respective obligations to provide
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supplementation is in the best interests of both sides.
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
STIPULATION RE: FURTHER
SUPPLEMENTATION OF ROG RESPONSES / CASE
NO.: CV- 08-05129-JCS
23666\3047842.2
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ACCORDINGLY, THE PARTIES HEREBY STIPULATE, BY AND THROUGH
THEIR COUNSEL OF RECORD, AS FOLLOWS:
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Neither side or any party will be required to prepare and serve any further
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supplemental or amended responses to any of the interrogatories propounded in this phase of the
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proceeding with the exception of: (a) Volterra supplementing Defendants’ Interrogatory Nos. 4
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and 10 as ordered by the Court at the April 27, 2012 discovery hearing; and (b) Defendants
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supplementing Volterra’s Interrogatory No. 7 as ordered by the Court on pages 7-9 of the
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transcript of the April 27, 2012 discovery hearing. The parties will supplement the above-
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referenced responses by no later than Monday, May 14, 2012.
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2.
Both sides agree that except as to the three interrogatories specifically noted above
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in Paragraph 1, neither side will seek to compel any further responses to any other interrogatories
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propounded in this phase, including without limitation any other interrogatories that were the
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subject of the Court’s Orders at the discovery hearing held on April 27, 2012.
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3.
Both sides also agree that with the exception of the Court’s rulings and limitations
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as reflected at pages 7-9 and 16-20 of the transcript of the April 27, 2012 discovery hearing with
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respect to Defendants’ arguments or contentions as to willfulness, neither side will be barred or
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precluded from presenting any evidence, contentions or testimony in any future proceedings in
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this case based on the content of their responses to any interrogatories propounded in this phase,
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including on the basis that such evidence, contentions, or testimony was not cited in responses to
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such interrogatories.
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4.
This agreement shall not affect:
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The Court’s Order at the April 27, 2012 discovery hearing with respect to
Defendants’ Interrogatory Nos. 4 and 10 to Volterra;
The Court’s Orders on pages 7-9 of the transcript of the April 27, 2012
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discovery hearing with respect to Defendants supplementing Volterra’s
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Interrogatory No. 7; or
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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
STIPULATION RE: FURTHER
SUPPLEMENTATION OF ROG RESPONSES / CASE
NO.: CV- 08-05129-JCS
-2-
23666\3047842.2
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The Court’s rulings and limitations as reflected at pages 16-20 of the transcript
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of the April 27, 2012 discovery hearing with respect to Defendants’ arguments
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or contentions as to willfulness.
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5.
Nothing in this stipulation shall waive the right of either side to seek leave of
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Court to seek to reopen fact discovery based on a claim of unfair surprise with respect to
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information disclosed in the other party’s expert reports.
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IT IS SO STIPULATED.
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Dated: May 2, 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/ James W. Morando
James W. Morando
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation
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Dated: May 2, 2012
BAKER BOTTS L.L.P.
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By:
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/s/ David G. Wille
David G. Wille
Attorneys for Defendants and
Counterclaimants PRIMARION, INC.,
INFINEON TECHNOLOGIES AG, and
INFINEON TECHNOLOGIES NORTH
AMERICA CORP.
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May 8, 2012
DATED: ___________________
Spero
______________________________________
seph C.
Judge Jo
THE HONORABLE JOSEPH C. SPERO
STIPULATION RE: FURTHER
SUPPLEMENTATION OF ROG RESPONSES / CASE
NO.: CV- 08-05129-JCS
-3-
A
H
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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
(415) 954-4400
FO
NO
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ISTRIC
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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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23666\3047842.2
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