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

Filing 38

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from November 20, 2009 to January 8, 2010. A Supplemental Joint Case Management Statement, including a status report on the parties' settlement discussions, shall be filed not less than ten days prior to the conference. Signed by Judge Maxine M. Chesney on November 13, 2009. (mmclc1, COURT STAFF) (Filed on 11/13/2009)

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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 (SB 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 Counterdefendant NXP SEMICONDUCTORS USA, INC.

JONATHAN STEINBERG (SB No. 98044) SAMUEL K. LU (SB No. 171969) JASON G. SHEASBY (SB No. 205455) C. MACLAIN WELLS (SB No. 221609) ZACHARIAH SUMMERS (SB No. 255284) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 Tel: [phone] Fax: [phone] 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 Delaware corporation, Plaintiff and Counterdefendant, Case No. C 08-05682 MMC STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

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

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF (C 08-05682 MMC)

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

Plaintiff and Counterdefendant 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, this case involves claims for infringement by Plaintiff of four patents and counterclaims for infringement by Defendants of five patents; WHEREAS, on July 7, 2009, September 10, 2009, and October 29, 2009, the parties participated in mediation sessions conducted by the Honorable Edward A. Infante (Ret.); WHEREAS, although the parties did not settle this and the co-pending case (assigned to Judge Ware, Case No. C 08-0775 JW, RS) between them at the mediation sessions, they have made significant progress towards a settlement agreement through these mediation sessions; WHEREAS, on October 8, 2009, the Court issued an Order continuing the October 16, 2009 Case Management Conference to November 20, 2009 at 10:30 a.m. (Dkt. No. 36); WHEREAS, the parties participated in a further mediation session with the Honorable Edward A. Infante (Ret.) on October 29, 2009, and made further progress towards resolving the remaining outstanding issues in this and the co-pending case before Judge Ware. Additional settlement discussions (directly between the parties) have occurred since the October 29th mediation session, and such direct discussions will occur on an ongoing basis as the parties try in good faith to resolve complicated issues. The parties remain optimistic that a final settlement can be achieved soon.; WHEREAS, the parties believe that good cause exists to continue the November 20, 2009 Case Management Conference. The parties respectfully ask the Court to continue the November 23, 2009 Case Management Conference to the first available date in January 2010. If the parties have not settled the cases by that time, they will provide a status report and a Case Management Conference statement to the Court not less than 10 days prior to the rescheduled Case Management Conference. THE PARTIES HEREBY STIPULATE, by and through their respective counsel, and respectfully request that the Court continue the November 20, 2009 Case Management
DB2/21429227.1

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF (C 08-05682 MMC)

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

Conference to the first available date in January 2010. The parties shall submit a status report and a Case Management Conference Statement not less than 10 days prior to the rescheduled Case Management Conference.

Dated: November 13, 2009

MORGAN, LEWIS & BOCKIUS LLP

By /s/Michael J. Lyons Michael J. Lyons Attorneys for Plaintiff Dated: November 13, 2009 IRELL & MANELLA LLP

By /s/Samuel K. Lu Samuel K. Lu Attorneys for Defendants IT IS SO RECOMMENDED Dated: November 13, 2009

By /s/ Edward A. Infante Hon. Edward A. Infante (Ret.) FILER'S ATTESTATION I, Michael J. Lyons, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order 45.X.B, I hereby attest that Samuel K. Lu and Hon. Edward A. Infante (Ret.) concur in this filing. Dated: November 13, 2009 By /s/Michael J. Lyons Michael J. Lyons Attorneys for Plaintiff

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF (C 08-05682 MMC)

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

[PROPOSED] ORDER The Court GRANTS the parties request to continue the November 20, 2009 Case 8 Management Conference. On January __, 2010 at 10:30 a.m., the parties shall appear for a Case Management Conference. The parties shall file a Supplemental Joint Case Management Statement, including a status report on their settlement discussions, not less than 10 days prior to the conference. IT IS SO ORDERED. Dated: November 13, 2009 By HON. MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF (C 08-05682 MMC)