Advanced Analogic Technologies, Inc. v. Kinetic Technologies, Inc.

Filing 69

ORDER RE: PLAINTIFF'S ADMINISTRATIVE MOTION TO CONTINUE HEARING AND BRIEFING SCHEDULE; VACATING DECEMBER 18, 2009 HEARING. The Court finds it appropriate to retain the current briefing schedule on the motion to stay, and to take the motion to stay under submission as of the date on which the reply is presently due, specifically, December 4, 2009. Signed by Judge Maxine M. Chesney on November 20, 2009. (mmclc1, COURT STAFF) (Filed on 11/20/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is Plaintiff Advanced Analogic Technologies, Inc.'s ("AATI") "Administrative Motion to Continue Hearing and Briefing Schedule on KTI's Motion to Stay Pending Inter Parties Reexamination," filed November 19, 2009, by which AATI seeks to continue, from December 18, 2009 to January 8, 2010, the hearing date on defendant Kinetic Technologies, Inc.'s ("KTI") motion to stay the above-titled action, pending the Patent and Trademark Office's decision on KTI's pending request for reexamination. KTI has filed opposition to the instant administrative motion. Having read and considered the papers submitted in support of and in opposition to the administrative motion, the Court rules as follows. In order to accommodate AATI's counsel's unavailability on December 18, 2009, and to accommodate KTI's concerns that, between December 18, 2009 and January 8, 2010, the parties, in order to comply with the claim construction schedule previously set by the United States District Court ADVANCED ANALOGIC TECHNOLOGIES, INC., v. Plaintiff, No. C-09-1360 MMC ORDER RE: PLAINTIFF'S ADMINISTRATIVE MOTION TO CONTINUE HEARING AND BRIEFING SCHEDULE; VACATING DECEMBER 18, 2009 HEARING / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

KINETIC TECHNOLOGIES, INC., Defendant

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Court, will have to devote time and resources that may be unnecessary should the Court grant the motion to stay, the Court finds it appropriate to retain the current briefing schedule on the motion to stay, and to take the motion to stay under submission as of the date on which the reply is presently due, specifically, December 4, 2009. Accordingly, the December 18, 2009 hearing is hereby VACATED.1 IT IS SO ORDERED.

Dated: November 20, 2009

MAXINE M. CHESNEY United States District Judge

Should the Court, upon review of the parties' respective submissions with respect to the motion to stay, find oral argument is necessary, the Court will so inform the parties. 2

1