Silicon Storage Technology, Inc. v. Intersil Corporation et al

Filing 101

STIPULATION AND ORDER RESETTING CMC TO 10/5/12 re 100 Case Management Statement filed by Xicor LLC, Silicon Storage Technology, Inc. Case Management Statement due by 9/28/2012. Case Management Conference set for 10/5/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/30/12. (bpf, COURT STAFF) (Filed on 8/30/2012)

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Kimberly P. Zapata, Esq. (Cal. Bar No. 138291)
BECK, ROSS, BISMONTE & FINLEY, LLP
50 W. San Fernando Street, Suite 1300
San Jose, CA 95113
Tel: [phone]
Fax: [phone]

Alan Blankenheimer, Esq. (Bar No. 218713)
Jo Dale Carothers, Esq. (Bar No. 228703)
COVINGTON & BURLING LLP
9191 Towne Centre Drive, Suite 1700
San Diego, CA 92122
Telephone: [phone]
Facsimile: [phone]

Michael W. Shore, Esq.
Jeffrey R. Bragalone, Esq.
Christopher L. Evans, Esq.
SHORE CHAN BRAGALONE DEPUMPO LLP
901 Main Street, Suite 3300
Dallas, TX 75202
Tel: [phone]
Fax: [phone]

ATTORNEYS FOR PLAINTIFF AND
COUNTERDEFENDANT
SILICON STORAGE TECHNOLOGY, INC.

ATTORNEYS FOR DEFENDANT AND
COUNTERPLAINTIFF
XICOR LLC

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SILICON STORAGE TECHNOLOGY,
INC.,

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Plaintiff,

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v.
XICOR LLC,

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Defendant.

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Case No. CV 10-01515 MHP

JOINT CASE MANAGEMENT
STATEMENT PURSUANT TO
COURT’S APRIL 4, 2012 ORDER
ORDER RESETTING CMC TO 10/5/12

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SAN FRANCISCO DIVISION

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Pursuant to Civil L.R. 16-10(d), the parties to the above-entitled action certify that they

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met and conferred at least 10 days prior to the subsequent case management conference
scheduled in this case and jointly submit this Supplemental Case Management Statement in this
case.

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JOINT CASE MANAGEMENT STATEMENT

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Case No. CV 10-01515 MHP

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1.

The following progress or changes have occurred since the last case

management statement filed by the parties:
On January 18, 2012, Appellant, Xicor LLC, filed its principal brief.
On March 1, 2012, Appellees Silicon Storage Technology, Inc. and Greenliant Systems,
Inc. filed their principal brief.
On March 6, 2012, the Federal Circuit rejected Appellees’ principal brief under Fed. R.
App. P. 32(a)(2)(C-D) and gave the Appellees 14 days to correct the deficiencies.
On March 13, 2012, Appellees Silicon Storage Technology, Inc. and Greenliant Systems,
Inc. filed their corrected principal brief.
On March 15, 2012, Appellant Xicor LLC filed its reply brief.
On March 22, 2012, the parties filed their joint appendix.
On June 7, 2012, oral arguments were heard by the Federal Circuit.

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On August 22, 2012, the Federal Circuit issued an opinion affirming the district court’s

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finding that claims 12 and 13 of the RE’370 patent are invalid under the rule against recapture.

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Appellant Xicor LLC has 30 days from the date of the Federal Circuit’s judgment (or
until September 21, 2012) to file a petition for rehearing or a petition for rehearing en banc.
2.

August 31, 2012 Case Management Conference

The parties are currently involved in settlement negotiations and would request that the
Court delay the case management conference scheduled for August 31, 2012 by 30 days in order
to allow the parties to pursue those discussions.

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JOINT CASE MANAGEMENT STATEMENT

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Case No. CV 10-01515 MHP

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Respectfully submitted,

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August 24, 2012

COVINGTON & BURLING LLP

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By:
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/s/ Jo Dale Carothers
Jo Dale Carothers
Attorneys for Plaintiff Silicon Storage Technology, Inc.

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August 24, 2012

SHORE CHAN BRAGALONE DEPUMPO LLP

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By:

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/s/ Michael W. Shore
Michael W. Shore, Esq.
Attorneys for Defendant Xicor LLC

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ATTESTATION
I, Michael W. Shore, am the ECF user whose User ID and Password are being used to file

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the JOINT CASE MANAGEMENT STATEMENT. In compliance with General Order 45.X.B,

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I hereby attest that concurrence in the filing of this document has been obtained from signatory

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Jo Dale Carothers.

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August 24, 2012

SHORE CHAN BRAGALONE DEPUMPO LLP
By:

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/s/ Michael W. Shore

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IT IS SO ORDERED that the CMC is reset from 8/31/12 to 10/5/12 at 9:00 a.m. An updated joint CMC Statement shall be
filed by 9/28/12.

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Edward M. Chen
U.S. District Judge

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JOINT CASE MANAGEMENT STATEMENT

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Case No. CV 10-01515 MHP