Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 745

STIPULATION AND ORDER EXTENDING DEADLINES FOR BRIEFING ON DFTS' MOTION FOR PARTIAL SUMMARY JUDGMENT. Set/Reset Deadlines as to Redacted Docket 665/ 712 SEALED MOTION for Partial Summary Judgment Opposition due by 4/2/2010. Replies due by 4/23/2010. Signed by Judge Joseph C. Spero on 03/23/10. (klh, COURT STAFF) (Filed on 3/23/2010)

Case3:08-cv-05129-JCS Document740

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

James W. Morando (State Bar No. 087896) [e-mail] Jeffrey M. Fisher (State Bar No. 155284) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff VOLTERRA SEMICONDUCTOR CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VOLTERRA SEMICONDUCTOR CORPORATION, a Delaware corporation, Plaintiff, vs. PRIMARION, INC., a Delaware corporation, INFINEON TECHNOLOGIES AG, a German corporation, and INFINEON TECHNOLOGIES NORTH AMERICA CORPORATION, a Delaware corporation, Defendants. AND RELATED COUNTERCLAIMS.

Case No. CV-08-5129 JCS STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES FOR BRIEFING ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO CIVIL LOCAL RULE 6-3 Date: No Hearing Req'd [Local Rule 6-3(d)] Complaint Filed: November 12, 2008 Trial Date: January 31, 2011

STIPULATION RE BRIEFING ON MSJ /
CASE NO. CV-08-5129 JCS

23666\2202836.1

Case3:08-cv-05129-JCS Document740

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

WHEREAS, on January 21, 2010, Defendants Primarion, Inc., Infineon Technologies North America Corp., and Infineon Technologies AG (collectively, "Defendants") filed a Motion for Partial Summary Judgment that U.S. Patent No. 6,713,823 is Invalid Under 35 U.S.C. § 102(b) (Dkt. No. 665) ("Motion"). WHEREAS, counsel for Plaintiff Volterra Semiconductor Corporation ("Volterra") and counsel for Defendants have met and conferred regarding the briefing schedule for Defendants' Motion and have agreed that the deadlines for Volterra's opposition to the Motion, which is presently due on March 26, 2010, and Defendants' reply, which is presently due on April 16, 2010 should be extended by one week, without prejudice as to further requests for extension on the briefing schedule for the Motion. WHEREAS, this Stipulation will change the date that Volterra's opposition must be served and filed from March 26, 2010 to April 2, 2010, and the date Defendants' reply must be served and filed from April 16, 2010 to April 23, 2010, but it will not affect any other existing dates, including the hearing on Defendants' Motion presently set for June 18, 2010 at 9:30 a.m. Accordingly, pursuant to Civil Local Rules 6-2 and 7-12, the Parties request that the Court extend the deadlines related to Defendants' Motion for Partial Summary Judgment and enter the following briefing schedule:

Event Volterra's Opposition Due Defendants' Reply Due Hearing

Date Friday, April 2, 2010 Friday, April 23, 2010 Friday, June 18, 2010 at 9:30 a.m. (unchanged)

IT IS SO STIPULATED.

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

DATED: March 19, 2010

FARELLA BRAUN & MARTEL LLP

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:

/s/ James W. Morando James W. Morando Attorneys for Plaintiff VOLTERRA SEMICONDUCTOR CORPORATION

DATED: March 19, 2010

McDERMOTT WILL & EMERY LLP

By:

/s/ Daniel R. Foster Daniel R. Foster Attorneys for Defendants PRIMARION, INC. and INFINEON TECHNOLOGIES NORTH AMERICA CORPORATION

STIPULATION RE BRIEFING ON MSJ /
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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

[PROPOSED] ORDER PURSUANT TO STIPULATION IT IS ORDERED THAT: The deadlines related to Defendants' Motion for Partial Summary Judgment that U.S. Patent No. 6,713,823 is Invalid Under 35 U.S.C. § 102(b) (Dkt. No. 665) are as follows:

Event Volterra's Opposition Due Defendants' Reply Due Hearing

Date Friday, April 2, 2010 Friday, April 23, 2010 Friday, June 18, 2010 at 9:30 a.m. (unchanged)

PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: ___________________

UNIT ED

THE HONORABLE JOSEPH C. SPERO o
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