Lotes Co, LTD v. Hon Hai Precision Industry Co, Ltd et al

Filing 144

ORDER GRANTING, AS MODIFIED, 143 Stipulation re Briefing Schedule on 134 Motion for Preliminary Injunction. Opposition due by 8/30/2013.Replies due by 9/13/2013. Signed by Judge Jeffrey S. White on August 12, 2013. (jswlc3, COURT STAFF) (Filed on 8/12/2013)

Case3:11-cv-01036-JSW Document143 Filed08/09/13 Page1 of 4

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
EDWARD V. ANDERSON, Cal. Bar No. 83148
2 JAMES M. CHADWICK, Cal. Bar No. 157114
DARREN M. FRANKLIN, Cal. Bar No. 210939
3 NATHANIEL P. BRUNO, Cal. Bar No. 228118
TENAYA RODEWALD, Cal. Bar No. 248563
4 379 Lytton Avenue
Palo Alto, California 94301-1479
5 Telephone:
650.815.2600
Facsimile:
650.815.2601
6 [e-mail]
[e-mail]
7 [e-mail]
[e-mail]
8 [e-mail]
9 Attorneys for Plaintiff and Counterclaim Defendant
LOTES CO., LTD.
10
Gregory L. Lippetz (State Bar No. 154228)
11 [e-mail]
Laurie M. Charrington (State Bar No. 229679)
12 [e-mail]
JONES DAY
13 1755 Embarcadero Road
Palo Alto, CA 94303
14 Telephone: [phone]
Facsimile: +1.650.739.3900
15
Attorneys for Defendants and Counterclaimants
16 HON HAI PRECISION INDUSTRY CO., LTD. and
FOXCONN ELECTRONICS, INC.
17
18

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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21 LOTES CO., LTD., a Taiwan Corporation,

Case No. 3:11-cv-01036-JSW

22

Plaintiff and Counterclaim Defendant,

23

v.

STIPULATION REGARDING BRIEFING
AND HEARING SCHEDULE FOR
DEFENDANTS’ MOTION FOR
PRELIMINARY INJUNCTION, AND
[PROPOSED] ORDER THEREON
AS MODIFIED
The Hon. Jeffrey S. White
United States District Judge

24 HON HAI PRECISION INDUSTRY CO.,
LTD., a Taiwan Corporation, and FOXCONN
25 ELECTRONICS, INC., a California
Corporation,
26
Defendants and Counterclaimants.
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Civil Action No. 3:11-cv-01036-JSW
SMRH:409861470.2

STIP RE BRIEFING/HEARING SCHEDULE FOR MOTION
FOR PRELIM. INJUNCTION AND PROPOSED ORDER

Case3:11-cv-01036-JSW Document143 Filed08/09/13 Page2 of 4

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IT IS HEREBY STIPULATED by and between Plaintiff and Counterclaim Defendant

2 Lotes Co., Ltd. (“Plaintiff”) and Defendants and Counterclaimants Hon Hai Precision Industry Co.
3 Ltd. and Foxconn Electronics, Inc. (“Defendants”), by and through their respective counsel, as
4 follows:
5

WHEREAS, Defendants filed their Motion for Preliminary Injunction (“Motion”) with this

6 Court on June 26, 2013;
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WHEREAS, on June 27, 2013, Defendants noticed the hearing on the Motion for

8 October 11, 2013, at 9:00 a.m.;
9

WHEREAS, Plaintiff and Defendants agree that the dates currently set for filing and

10 service of the opposition and reply papers for the Motion should be continued, while the date of
11 the hearing should remain unchanged;
12

WHEREAS, the parties do not currently contemplate taking any discovery, and will not

13 seek an extension of the hearing date so long as no intervening, subsequent events alter the current
14 situation in a manner that might prejudice the parties; and
15

WHEREAS, good cause exists to continue the opposition and reply dates because the

16 Motion raises complex issues as to infringement and validity of the asserted patent, as well as to
17 the question of whether irreparable harm would arise in the absence of an injunction. Plaintiff
18 states that it needs the additional time to gather the evidence necessary to oppose the Motion and
19 to prepare the briefs and declarations in opposition to the Motion. Plaintiff further states that it is
20 located in Taiwan and that many of its employees do not speak English, which slows down the
21 back-and-forth communications about motion strategy and evidence with its California-based
22 counsel.
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NOW, THEREFORE, by and between each other, the parties stipulate that the deadline to
August 30, 2013
24 file and serve opposition papers to the Motion shall be extended to and including September 12,
25 2013, and that the deadline to file and serve reply papers in support of the Motion shall be
13, 2013
26 extended to and including September 27, 2013.
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Civil Action No. 3:11-cv-01036-JSW
SMRH:409861470.1

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STIP RE BRIEFING/HEARING SCHEDULE FOR MOTION
FOR PRELIM. INJUNCTION AND PROPOSED ORDER

Case3:11-cv-01036-JSW Document143 Filed08/09/13 Page3 of 4

1

IT IS SO STIPULATED.

2 Dated: August 9, 2013

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

3

By: /s/ James M. Chadwick______
James M. Chadwick
379 Lytton Avenue
Palo Alto, CA 94301-1432
Telephone: [phone]
Facsimile: 650-815-2601
[e-mail]

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5
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Attorneys for Plaintiff/Counterclaim Defendant
LOTES CO., LTD.

8
9

Dated: August 9, 2013

10

JONES DAY
By: /s/ Gregory L. Lippetz_____
Gregory L. Lippetz
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone: [phone]
Facsimile: 650-739-3900
[e-mail]

11
12
13
14

Attorneys for Defendants/Counterclaimants
HON HAI PRECISION INDUSTRY CO., LTD. and
FOXCONN ELECTRONICS, INC.

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ATTORNEY’S E-FILING ATTESTATION

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As the attorney e-filing this document, and pursuant to Local Rule No. 5.1(i)(3), I hereby
attest that counsel for Defendants and Counterclaimants Hon Hai Precision Industry Co. Ltd. and
Foxconn Electronics, Inc., whose electronic signature appears above has concurred in this filing.
Dated: August 9, 2013

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
By: /s/ James M. Chadwick______
James M. Chadwick
379 Lytton Avenue
Palo Alto, CA 94301-1432
Telephone: [phone]
Facsimile: 650-815-2601
[e-mail]

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24
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Attorneys for Plaintiff/Counterclaim Defendant
LOTES CO., LTD.

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Civil Action No. 3:11-cv-01036-JSW
SMRH:409861470.2

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STIP RE BRIEFING/HEARING SCHEDULE FOR MOTION
FOR PRELIM. INJUNCTION AND PROPOSED ORDER

Case3:11-cv-01036-JSW Document143 Filed08/09/13 Page4 of 4

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Pursuant to the Parties’ stipulation, and good cause appearing therefor,

2 IT IS SO ORDERED. AS MODIFIED ABOVE.
3 Dated: ___________, 2013
August 12
4
Hon. Jeffrey S. White
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Civil Action No. 3:11-cv-01036-JSW
SMRH:409861470.2

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STIP RE BRIEFING/HEARING SCHEDULE FOR MOTION
FOR PRELIM. INJUNCTION AND PROPOSED ORDER