Lotes Co, LTD v. Hon Hai Precision Industry Co, Ltd et al
Filing
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ORDER REGARDING STIPULATION AND MOTION FOR PARTIAL STAY AND SETTING PARTIAL SUMMARY JUDGMENT MOTION. Hearing on Partial Summary Judgment Motion set for 5/11/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 1/4/12. (jjoS, COURT STAFF) (Filed on 1/4/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LOTES CO., LTD.,
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For the Northern District of California
United States District Court
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No. C 11-01036 JSW
Plaintiff,
v.
HON HAI PRECISION INDUSTRY CO.,
LTD., et al.,
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Defendants.
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/
ORDER REGARDING
STIPULATION AND
PLAINTIFF’S MOTION FOR
PARTIAL STAY AND SETTING
PARTIAL SUMMARY
JUDGMENT MOTION
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Now before the Court is the motion to dismiss filed by Plaintiff and Counterclaim
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Defendant Lotes Company, Ltd. (“Lotes”) for a partial stay and to set a partial summary
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judgment motion, as well as a stipulation between Lotes and Defendants and Counter-claimants
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Hon Hai Precision Industry Co.. Ltd. (“Hon Hai”) and Foxconn Electronics, Inc. (“Foxconn”)
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(collectively, “Defendants”) relating to the motion. The Court finds that these matters are
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appropriate for disposition without oral argument and, thus, are deemed submitted. See N.D.
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Civ. L.R. 7-1(b). Accordingly, the hearing set for January 6, 2012 is HEREBY VACATED.
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Having carefully reviewed the parties’ papers and considering their arguments and the relevant
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authority, and good cause appearing, the Court hereby grants in part and denies in part Lotes’
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motion and grants as modified the parties’ stipulation.
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The Court HEREBY STAYS this action as to all claims and counterclaims relating to
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U.S. Patent Nos. 6,908,316 (the “’316 Patent”), 6,135,791 (the “’791 Patent”), 6,530,798 (the
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“’798 Patent”), 6,905,353 (the “’353 Patent”), 7,371,075 (the “’075 Patent”), 5,882,211 (the
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“’211 Patent”), 6,113,398 (the “’398 Patent”), and 6,679,717 (the “’717 Patent”) (collectively
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referred to as the “Newly Asserted Patents”) pending reexamination proceedings for the Newly
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Asserted Patents that have been filed on or before November 30, 2011. The stay shall remain in
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effect until the reexamination proceedings, including any appeals, are completed and the
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reexamination decisions are final. This Order is without prejudice to either party filing a
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motion to lift the stay earlier upon a showing of good cause. The parties shall submit a joint
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status report regarding the status of the reexamination proceedings every 120 days, or sooner if
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the PTO issues a final decision with respect to the Newly Asserted Patents, until the stay is
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lifted.
The Court FURTHER ORDERS that the parties may file a motion for partial summary
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For the Northern District of California
United States District Court
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judgment to address the following three issues: (1) enforce ability of the covenant not to
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challenge; (2) scope of the licenced products subject to the Patent License Agreement; and (3)
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burden of proof of infringement. Lotes may file one motion for partial summary judgment
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addressing these issues no longer than twenty-five pages by March 20, 2012. By April 3, 2012,
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Defendants may file their opposition and cross-motion for partial summary judgment in a brief
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which shall be no longer than thirty pages. By April 17, 2012, Lotes may file an opposition to
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Defendants’ motion and a reply in support of their motion in one brief which shall be no longer
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than twenty pages. By April 24, 2012, Defendants may file a reply of no longer than fifteen
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pages. Upon showing of good cause, the parties may request an extension of these page limits.
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The hearing on the cross-motions for partial summary judgment is HEREBY SCHEDULED for
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May 11, 2012 at 9:00 a.m.1
The Court FURTHER ORDERS the parties may engage in discovery related to the
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above three issues. Written discovery requests must be served by January 11, 2011 and may be
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served by email. Each side may propound no more than fifteen requests for production of
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Pursuant to this Court’s Standing Order ¶ 9, “[a]bsent a showing of good cause, the
Court will address only one motion for summary judgment per party or side.” The allowance
of this partial motion for summary judgment is not a determination that the parties have
shown good cause for multiple motions for summary judgment. If, at a later date, any party
seeks to file an additional motion for summary judgment, they must make a showing of good
cause in accordance with the Court’s Standing Order.
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documents and fifteen interrogatories. The parties may each notice one deposition pursuant to
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Rule 30(b)(6) by no later than February 10, 2012 and the depositions must be completed by
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March 5, 2012. Pursuant to Local Rule 72-1, all discovery disputes in this matter are HEREBY
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REFERRED to a randomly assigned magistrate judge for resolution. Upon a showing of good
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cause, the parties may seek additional discovery related to these three issues.
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IT IS SO ORDERED.
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Dated: January 4, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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cc: Magistrate Referral Clerk
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