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

Filing 26

ORDER MODIFYING CASE SCHEDULE. Signed by Judge Maxine M. Chesney on April 14, 2009. (mmclc1, COURT STAFF) (Filed on 4/14/2009)

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MICHAEL E. MOLLAND (SB No. 111830) DANIEL JOHNSON, JR. (SB No. 57409) BRETT M. SCHUMAN (SB 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 and CounterclaimDefendant NXP SEMICONDUCTORS USA, INC.

SAMUEL K. LU (SB No. 171969) JONATHAN H. STEINBERG (SB No. 98044) JASON G. SHEASBY (SB No. 205455) C. MACLAIN WELLS (SB No. 221609) BRIAN D. KRECHMAN (SB No. 254418) ZACHARIAH SUMMERS (SB 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 and Counterclaimants LSI CORPORATION and AGERE SYSTEMS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NXP SEMICONDUCTORS USA, INC., a Case No. C 08-05682 MMC Delaware corporation, Plaintiff, STIPULATION AND [PROPOSED] v. ORDER MODIFYING CASE SCHEDULE LSI CORPORATION d/b/a LSI LOGIC CORPORATION, a Delaware corporation, and AGERE SYSTEMS, INC., a Delaware corporation, Defendants. LSI CORPORATION d/b/a LSI LOGIC CORPORATION, a Delaware corporation, and AGERE SYSTEMS, INC., a Delaware corporation, Counterclaimants, v. NXP SEMICONDUCTORS USA, INC., a Delaware corporation, Counterclaim-Defendant.
DB2/21073246.1

STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE C 08-05682 MMC

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Plaintiff and Counterclaim-Defendant NXP Semiconductors USA, Inc. ("Plaintiff"), by and through its undersigned counsel, and Defendants and Counterclaimants LSI Corporation and Agere Systems, Inc. (collectively "Defendants"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, at the Initial Case Management Conference conducted on April 3, 2009, the Court scheduled a tutorial (November 2, 2009), claim construction hearing (November 16, 2009), and further case management conference (January 22, 2010); set a deadline for the parties to amend pleadings or add parties (June 15, 2009); and adopted other deadlines for Patent Local Rule disclosures and claim construction briefing that the parties proposed in the March 27, 2009 Joint Case Management Statement; WHEREAS, pursuant to the stipulation entered on March 9, 2009, the parties agreed that Defendants could file an Amended Answer and Counterclaims to add additional counterclaims that assert patents against Plaintiff by no later than April 1, 2009, and that Plaintiff may answer the existing and all additional counterclaims by no later than April 15, 2009; WHEREAS, on April 1, 2009, Defendants filed their Amended Answer and Counterclaims on April 1, 2009 asserting counterclaims against Plaintiff for infringement of five patents; WHEREAS, pursuant to Civil L.R. 6-2(a)(2), there have been no previous time modifications in this action subsequent to the Initial Case Management Conference; WHEREAS, Plaintiff requested an extension of the deadline to answer all counterclaims, and Defendants acceded to the request and suggested further modifications of the case schedule based thereon; and WHEREAS, good cause exists for the schedule adopted by the Court at the Initial Case Management Conference and the deadlines stipulated to by the parties to be modified; THE PARTIES HEREBY STIPULATE, by and through their respective counsel, and respectfully request that the Court modify the case schedule as follows:

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE C 08-05682 MMC

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Event Last day for NXP to Answer the Existing and All Additional Counterclaims Fed. R. Civ. P. 26(a)(1) Initial Disclosures Patent L.R. 3-1 Infringement Contentions and Patent L.R. 3-2 Document Production Patent L.R. 3-3 Invalidity Contentions and Patent L.R. 3-4 & 3-7 Document Productions Last Day to Amend Pleadings/Add Parties Patent L.R. 4-1 Exchange of Proposed Terms Patent L.R. 4-2 Exchange of Preliminary Claim Constructions

Prior Date April 15, 2009 April 30, 2009 April 30, 2009 June 15, 2009 June 15, 2009 June 29, 2009 July 20, 2009

New Date May 15, 2009 May 29, 2009 May 29, 2009 June 29, 2009 June 29, 2009 July 13, 2009 July 31, 2009

All other dates, including those for the tutorial (November 2, 2009), claim construction hearing (November 16, 2009), and further case management conference (January 22, 2010), shall remain unchanged and in effect. Dated: April 10, 2009 MORGAN, LEWIS & BOCKIUS LLP

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

By: /s/ Brian D. Krechman Attorneys for Defendants and Counterclaimants LSI CORPORATION and AGERE SYSTEMS, INC.

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE C 08-05682 MMC

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Date: April 14, 2009 _________________________________ Hon. Maxine M. Chesney United States District Judge

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE C 08-05682 MMC