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).

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.

Case No. 08-5129 JCS
STIPULATION AND [PROPOSED]
ORDER REGARDING FURTHER
SUPPLEMENTATION OF
INTERROGATORY RESPONSES

15
16
17
18

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

19
Defendant.
20
21

AND RELATED COUNTERCLAIMS

22
23

WHEREAS, counsel for the Parties to the above-referenced case have met and conferred

24

regarding the relative needs and associated costs of any further supplementation of interrogatories

25

which each side has served on the other in this phase of the proceeding or to fully comply with

26

the Court’s Orders with respect to interrogatories at the April 27, 2012 discovery hearing and

27

have determined that agreement limiting any further respective obligations to provide

28

supplementation is in the best interests of both sides.

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

STIPULATION RE: FURTHER
SUPPLEMENTATION OF ROG RESPONSES / CASE
NO.: CV- 08-05129-JCS

23666\3047842.2

1
2
3

ACCORDINGLY, THE PARTIES HEREBY STIPULATE, BY AND THROUGH
THEIR COUNSEL OF RECORD, AS FOLLOWS:
1.

Neither side or any party will be required to prepare and serve any further

4

supplemental or amended responses to any of the interrogatories propounded in this phase of the

5

proceeding with the exception of: (a) Volterra supplementing Defendants’ Interrogatory Nos. 4

6

and 10 as ordered by the Court at the April 27, 2012 discovery hearing; and (b) Defendants

7

supplementing Volterra’s Interrogatory No. 7 as ordered by the Court on pages 7-9 of the

8

transcript of the April 27, 2012 discovery hearing. The parties will supplement the above-

9

referenced responses by no later than Monday, May 14, 2012.

10

2.

Both sides agree that except as to the three interrogatories specifically noted above

11

in Paragraph 1, neither side will seek to compel any further responses to any other interrogatories

12

propounded in this phase, including without limitation any other interrogatories that were the

13

subject of the Court’s Orders at the discovery hearing held on April 27, 2012.

14

3.

Both sides also agree that with the exception of the Court’s rulings and limitations

15

as reflected at pages 7-9 and 16-20 of the transcript of the April 27, 2012 discovery hearing with

16

respect to Defendants’ arguments or contentions as to willfulness, neither side will be barred or

17

precluded from presenting any evidence, contentions or testimony in any future proceedings in

18

this case based on the content of their responses to any interrogatories propounded in this phase,

19

including on the basis that such evidence, contentions, or testimony was not cited in responses to

20

such interrogatories.

21
22

4.

This agreement shall not affect:


23
24

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

25

discovery hearing with respect to Defendants supplementing Volterra’s

26

Interrogatory No. 7; or

27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION RE: FURTHER
SUPPLEMENTATION OF ROG RESPONSES / CASE
NO.: CV- 08-05129-JCS

-2-

23666\3047842.2



1

The Court’s rulings and limitations as reflected at pages 16-20 of the transcript

2

of the April 27, 2012 discovery hearing with respect to Defendants’ arguments

3

or contentions as to willfulness.

4

5.

Nothing in this stipulation shall waive the right of either side to seek leave of

5

Court to seek to reopen fact discovery based on a claim of unfair surprise with respect to

6

information disclosed in the other party’s expert reports.

7

IT IS SO STIPULATED.

8

Dated: May 2, 2012

FARELLA BRAUN + MARTEL LLP

9

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:

10
11

/s/ James W. Morando
James W. Morando
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation

12
13
14
15

Dated: May 2, 2012

BAKER BOTTS L.L.P.

16
By:

17
18

/s/ David G. Wille
David G. Wille
Attorneys for Defendants and
Counterclaimants PRIMARION, INC.,
INFINEON TECHNOLOGIES AG, and
INFINEON TECHNOLOGIES NORTH
AMERICA CORP.

19
20
21
22

24

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

ER

LI

RT

28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

FO

NO

27

R NIA

25
26

ISTRIC
ES D
TC
AT
T

UNIT
ED

S

PURSUANT TO STIPULATION, IT IS SO ORDERED.

RT
U
O

23

N

F
D IS T IC T O
R

C

23666\3047842.2