NXP Semiconductors USA, Inc. v. Agere Systems Inc. et al

Filing 16

ORDER APPROVING STIPULATION SETTING TIME FOR DEFENDANTS TO AMEND ANSWER AND FOR PLAINTIFF TO ANSWER ALL COUNTERCLAIMS. Defendants shall amend the answer to add counterclaims that assert patents no later than April 1, 2009, and plaintiff shall answer the existing and all additional counterclaims no later than April 15, 2009. Signed by Judge Maxine M. Chesney on March 9, 2009. (mmclc1, COURT STAFF) (Filed on 3/9/2009)

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DB2/21031572.3

MICHAEL E. MOLLAND (State Bar No. 111830) DANIEL JOHNSON, JR. (State Bar No. 57409) BRETT M. SCHUMAN (State Bar No. 189247) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] MICHAEL J. LYONS (State Bar No. 202284) MORGAN, LEWIS & BOCKIUS LLP 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2122 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC.

SAMUEL K. LU (State Bar No. 171969) JONATHAN H. STEINBERG (State Bar No. 98044) JASON G. SHEASBY (State Bar No. 205455) C. MACLAIN WELLS (State Bar No. 221609) STEPHEN LARSON (State Bar No. 240844) ZACHARIAH SUMMERS (State Bar No. 255284) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendants LSI CORPORATION and AGERE SYSTEMS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NXP SEMICONDUCTORS USA, INC., a Delaware corporation,

Case No. C 08-05682 MMC STIPULATION PURSUANT TO CIVIL L.R. 6-2 SETTING TIME FOR DEFENDANTS LSI CORPORATION AND AGERE SYSTEMS, INC. TO AMEND ANSWER TO ADD COUNTERCLAIMS AND FOR PLAINTIFF NXP SEMICONDUCTORS USA, INC. TO ANSWER ALL COUNTERCLAIMS AND ORDER THEREON

LSI CORPORATION d/b/a LSI LOGIC CORPORATION, a Delaware corporation, and AGERE SYSTEMS, INC., a Delaware corporation, Defendants.

STIP. SETTING TIME C 08-05682 MMC

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Plaintiff NXP Semiconductors USA, Inc. ("NXP"), by and through its undersigned counsel, and Defendants, LSI Corporation and Agere Systems, Inc. (collectively, "LSI" or "Defendants"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, Defendant LSI filed an Answer and Counter-Claim for Declaratory Judgment (the "Answer") on February 2, 2009, pursuant to the parties' Stipulation Extending Time For Defendant LSI Corporation And Agere Systems, Inc. To Respond To Plaintiff's Complaint; WHEREAS, Plaintiff agrees that Defendants may amend the Answer to add additional counterclaims that assert patents against Plaintiff by no later than April 1, 2009; WHEREAS, Defendants agree that Plaintiff may answer the existing and all additional counterclaims by no later than April 15, 2009 and further agree that the parties will negotiate a reasonable extension of this deadline if necessary to prepare a response to any additional counterclaims asserted by Defendants; WHEREAS, the only previous time modification in this case has been the stipulated extension of time for Defendants to answer Plaintiff NXP's Complaint; and WHEREAS, the deadlines of April 1, 2009 and April 15, 2009 do not impact the initial Rule 26(f) or case management conference deadlines set by the Court or any other deadlines in this matter; IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel of record that Defendants may amend the Answer to add counterclaims that assert patents against Plaintiff by no later than April 1, 2009 and Plaintiff NXP may answer the existing and all additional counterclaims by no later than April 15, 2009.

DB2/21031572.3

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STIP. SETTING TIME C 08-05682 MMC

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Dated: March 6, 2009

MORGAN, LEWIS & BOCKIUS LLP

By: /s/ Michael J. Lyons Michael J. Lyons Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC. Dated: March 6, 2009 IRELL & MANELLA LLP

By:_/s/ Jason G. Sheasby___ ___________________ Jason G. Sheasby Attorneys For Defendants LSI CORPORATION And AGERE SYSTEMS, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED Date: March 9, 2009 _________________________________ Hon. Maxine M. Chesney United States District Judge

DB2/21031572.3

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STIP. SETTING TIME C 08-05682 MMC