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

Filing 93

STIPULATION AND ORDER TO STAY CASE AND SETTING CMC re 91 Stipulation filed by Xicor LLC, Silicon Storage Technology, Inc.. Signed by Judge Edward M. Chen on 6/22/11. (bpf, COURT STAFF) (Filed on 6/22/2011)

1 Alan H. Blankenheimer
(Bar No. 218713)

2 E-mail: [e-mail]
Jo Dale Carothers (Bar No. 228703)

3 E-mail: [e-mail]
4 Christopher J. Longman (Bar No. 234473)
E-mail: [e-mail]
5 Covington & Burling LLP
9191 Towne Centre Drive, 6th Floor
6 San Diego, CA 92122-1225
Tel: [phone]
7 Fax: [phone]

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Attorneys for Plaintiff
9 Silicon Storage Technology, Inc.

Attorneys for Xicor LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
SILICON STORAGE TECHNOLOGY, INC.

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Plaintiff,

16 v.
17 XICOR LLC.
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Michael W. Shore
Texas Bar No. 18294915
[e-mail]
Jeffrey R. Bragalone
Texas Bar No. 02855775
[e-mail]
Justin B. Kimble
Texas Bar No. 24036909
[e-mail]
Shore Chan Bragalone DePumpo LLP
901 Main St., Suite 3300
Dallas, Texas 75202
Tel. [phone]
Fax. [phone]

Defendants.

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CASE NO. CV 10-01515 EMC
STIPULATION TO STAY CASE
PENDING OUTCOME OF
APPEAL ; ORDER
[Civil Local Rule 7-12]

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Pursuant to Local Rule 7-12 of the United States District Court for the Northern District of

2 California, Plaintiff Silicon Storage Technology, Inc. (“SST”) and Defendants Intersil Corporation
3 (“Intersil”) and XICOR LLC (“XICOR”) (collectively, "Defendants") stipulate and agree to stay
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this case pending the outcome of an appeal in Greenliant Systems, Inc. v. Xicor LLC, Case No. CV

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11-00631, Northern District of California, San Francisco Division (“Greenliant Case”).
STIPULATION

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WHEREAS, on June 6, 2011, in the Greenliant Case the parties stipulated to entry of a

9 final judgment based on this Court’s March 21, 2011 Order that held claims 12 and 13 of U.S.
10 Patent RE38,370 invalid under the rule against recapture (Dkt. No. 76), and Xicor has indicated
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that it intends to appeal such judgment.

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WHEREAS, the Parties believe that staying the litigation pending the outcome of this

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appeal will enable an efficient use of the Court’s resources.

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IT IS THEREFORE STIPULATED BY AND AMONG THE PARTIES

16 THROUGH THEIR RESPECTIVE COUNSEL AS FOLLOWS:
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The Court should immediately stay this case pending the outcome of Xicor’s anticipated
appeal in the Greenliant Case.
Xicor and SST agree that a final determination of Xicor’s anticipated appeal of this Court’s

21 March 21, 2011 Order on Claims 12 and 13 of U.S. Patent RE38,370 in the Greenliant Case,
22 following any further appeal(s) or petition(s) for rehearing, will apply to both Xicor and SST in
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this case.

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The Parties shall file a status report and joint case management statement with the Court

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within twenty-one (21) days of the disposition of the appeal in the Greenliant Case.

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STIPULATION TO STAY CASE PENDING OUTCOME OF APPEAL
CASE NO. CV 10-01515 EMC

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Respectfully submitted by:
SHORE CHAN BRAGALONE DEPUMPO LLP

4 /s/ Jeffrey R. Bragalone

/s/ Alan H. Blankenheimer
Alan H. Blankenheimer
Attorneys for Plaintiff
Silicon Storage Technology, Inc.

Jeffrey R. Bragalone
5 Attorneys for Defendant
Xicor LLC

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COVINGTON & BURLING LLP

Date: June 20, 2011

Date: June 20, 2011

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A Case Management Conference
is set for 12/9/11 at 9:00 a.m. in
ISTRIC
Courtroom 5, 17th Floor. An
ES D
TC
updated Joint CMC statement is
AT
T
due 12/2/11.
Honorable Edward M. Chen
ED
ORDER
O United States District Judge
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9 PURSUANT TO THE STIPULATION, IT IS SO ORDERED

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FILERS ATTESTATION
Chen
ard M.
dge Edw
Ju
Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Jeffrey R.

NO

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IT IS
DIFIED
AS MO

A

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UNIT
ED

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June ____, 2011

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U
O

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S

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C
R the
Bragalone, attest that concurrence inN filing of this document has been obtained.
F
D IS T IC T O
R

By: /s/ Jeffrey R. Bragalone
Jeffrey R. Bragalone

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STIPULATION TO STAY CASE PENDING OUTCOME OF APPEAL
CASE NO. CV 10-01515 EMC

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