Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 71

ORDER by Judge Charles R. Breyer denying 25 Motion to Bifurcate; denying 28 Motion for Protective Order; finding as moot 36 Motion to Compel; finding as moot 39 Motion to Expedite. (crblc1, COURT STAFF) (Filed on 4/16/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

VOLTERRA SEMICONDUCTOR CORPORATION, Plaintiff, v. PRIMARION, INC., et al., Defendants. /

No. C 08-05129 CRB ORDER

AND RELATED COUNTERCLAIMS ___________________________________/ Now pending before the Court for decision are: (1) defendants' motion to bifurcate, (2) defendants' motion for a protective order, (3) plaintiff's motion for expedited discovery, and (4) plaintiff's motion to compel. After carefully considering the papers filed by the parties, the Court concludes that oral argument is unnecessary and rules as set forth below. 1. Defendants' motion to bifurcate is DENIED; however, the Court agrees with

the parties that discovery on the infringement claims related to Stratakos patents should be stayed pending reexamination of those patents by the Patent and Trademark Office. 2. In light of the Court's ruling on the motion to bifurcate, defendants' motion for

a protective order is DENIED; defendants have agreed to respond to the discovery propounded by plaintiff. The Court understands that the parties have agreed to defer all

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discovery related to damages, willfulness, and the antitrust counterclaim; accordingly, defendants are not required to respond to any discovery related to those issues. Defendants shall respond to the remaining discovery within 10 days of the date of this Order. By this Order the Court does not purport to rule on any other objections that defendants may have to the request for production of documents or requests for interrogatories; such objections, if not resolved by the parties, must be brought to a magistrate judge. 3. Plaintiff's motion to compel access to Primarion's Technical Database and

motion to expedite discovery are dismissed as moot in light of defendants' representation in its Reply filed in support of its Motion for a Protective Order that they have agreed to respond to the discovery requests if the Court denies the motion to bifurcate. Defendants shall not further delay their responses on the ground that the Court has not yet set a discovery schedule. 4. The parties shall meet and confer and submit a new joint case management

conference statement in connection with the May 1, 2009 Case Management Conference. IT IS SO ORDERED.

Dated: April 16, 2009

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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