Sandisk Corporation v. Round Rock Research LLC

Filing 119

STIPULATION AND ORDER RE 118 SUPPLEMENTAL JOINT CLAIM CONSTRUCTION STATEMENT AND MARKMAN SCHEDULE. Tutorial Hearing set for 1/14/2013 02:00 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 12/20/12. (cl, COURT STAFF) (Filed on 12/20/2012)

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CHUCK P. EBERTIN (SBN 161374)
[e-mail]
VINSON & ELKINS LLP
525 University Avenue, Suite 410
Palo Alto, CA 94301-1918
Tel: [phone] / Fax: [phone]

DESMARAIS LLP
Jon T. Hohenthaner (pro hac vice)
[e-mail]
John C. Spaccarotella (pro hac vice)
[e-mail]
Ameet A. Modi (pro hac vice)
[e-mail]
Richard Cowell (pro hac vice)
[e-mail]
230 Park Avenue
New York, NY 10169
Telephone: [phone]
Facsimile: 212-351-3401

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CHRISTOPHER V. RYAN (pro hac vice)
[e-mail]
JANICE L. TA (pro hac vice)
[e-mail]
VINSON & ELKINS LLP
The Terrace 7
2801 Via Fortuna, Suite 100
Austin, TX 78746
Tel: [phone] / Fax: [phone]
DAVID J. TOBIN (pro hac vice)
[e-mail]
VINSON & ELKINS LLP
2001 Ross Avenue, Suite 3700
Dallas, TX 75201
Tel: [phone] / Fax [phone]

BLACK CHANG & HAMILL LLP
Bradford J. Black (SBN 252031)
[e-mail]
Andrew G. Hamill (SBN 251156)
[e-mail]
333 Bush Street, Suite 2250
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 4 15-813-6222

Attorneys for Plaintiff and
Counterclaim Defendant
SANDISK CORPORATION

Attorneys for Defendant and
Counterclaim Plaintiff
ROUND ROCK RESEARCH LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANDISK CORPORATION,

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Plaintiff and Counterclaim Defendant,

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Case No. 11-cv-05243-RS

vs.
ROUND ROCK RESEARCH LLC,

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STIPULATED SUPPLEMENTAL
JOINT CLAIM CONSTRUCTION
STATEMENT AND [PROPOSED]
MARKMAN SCHEDULE

Defendant and Counterclaim Plaintiff.

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SanDisk Corporation (“SanDisk”) and Round Rock Research LLP (“Round Rock”) submit

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the following Supplemental Joint Claim Construction Statement concerning United States Patent

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Nos. 5,286,344; 5,682,345; 5,783,282; 6,015,760; 6,272,586; 6,383,839; 6,570,791; 7,483,334; and

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6,845,053 (“Remaining Patents-In-Suit”).
STIPULATED SUPP. JOINT CLAIM CONSTRUCTION
STATEMENT AND [PROPOSED] MARKMAN SCHEDULE
1706345

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Case No. 11-cv-05243-RS

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Reduction in Disputed Terms:

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After claim construction briefing was completed, the parties agreed to dismiss their claims

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regarding U.S. Patent No. 7,021,520.

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Accordingly, the Court can ignore the portions of the parties’ claim construction briefs addressing

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the ’520 patent. In addition, subsequent to claim construction briefing, Round Rock agreed to

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withdraw its assertion of claims 5-8 of United States Patent No. 6,383,839. Accordingly, the Court

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can ignore the portions of the parties’ claim construction briefs that address the terms “securing a

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semiconductor device nonparallel relative to a substrate” and “maintain the nonparallel position of

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the semiconductor device relative to the substrate.”

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[See Dkt. No. 115 (Order Dismissing ’520 Patent).]

Remaining Disputed Terms:

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Pursuant to Patent Local Rule 4-3(c), the parties request that the Court conduct one claim

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construction hearing on the remaining terms in dispute. The table below shows that the parties have

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narrowed their disputes to essentially fourteen terms from seven of the Remaining Patents-In-Suit:

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PATENT

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5,286,344

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5,682,345

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5,783,282
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6,272,586

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CLAIMS
1-3, 6, 11, 12, 15
1-3, 6, 11, 12, 15
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1
2, 4
2, 4
30
1-4

6,383,839

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1-4

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1-4

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1, 3, 4, 14
6,570,791

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6,845,053

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1, 3, 4
1, 3

DISPUTED TERM/PHRASE
“high SiO2 etch rate”/”high level of selectivity”
“the contact sidewalls of said SiO2 outer layer are
perpendicular to the multilayer structure layers”
“control means” (35 U.S.C. § 112, ¶ 6)
“program means” (35 U.S.C. § 112, ¶ 6)
“recall means” (35 U.S.C. § 112, ¶ 6)
“depositing a first material onto a semiconductor
substrate”/ “sputtering the first material onto the
semiconductor substrate”
“bias voltage”
“a length of a communication data stream”
“reconfiguring a connection pattern of a preexisting
semiconductor device design”/”preexisting design”
“semiconductor device”
“toward a single edge”/”adjacent a single edge
thereof”
“flash memory”
“detects a differential voltage from the array of
non-volatile memory cells”
“the adjustable current consumption being set to the
low power mode”

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STIPULATED SUPP. JOINT CLAIM CONSTRUCTION
STATEMENT AND [PROPOSED] MARKMAN SCHEDULE
1706345

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Case No. 11-cv-05243-RS

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Proposed Claim Construction Hearing:

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A claim construction hearing is currently scheduled for January 16, 2013. If the Court is

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amenable to addressing all fourteen disputed terms, the parties anticipate that a four hour hearing

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would be sufficient to address all terms, with each side having two hours to present their positions.

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The parties propose to address terms in a point/counterpoint fashion instead of having one party

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present on all disputed terms followed by the other party presenting on all disputed terms.

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Technology Tutorial:

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A technology tutorial is currently scheduled for January 7, 2013. That date was scheduled

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when the claim construction hearing was set for January 9, 2013. The parties propose that the

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technology tutorial be rescheduled for either January 14, 2013 or immediately before the claim

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construction hearing on January 16, 2013, with each party having one hour to present their

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technology tutorial for the Remaining Patents-In-Suit.

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Dated: December 20, 2012

VINSON & ELKINS LLP

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By:

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Attorneys for Plaintiff and Counterclaim
Defendant SANDISK CORPORATION

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/s/ Chuck P. Ebertin
Chuck P. Ebertin

Dated: December 20, 2012

DESMARAIS LLP

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By:

/s/ John C. Spaccarotella
John C. Spaccarotella (admitted pro hac vice)

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Attorneys for Defendant and Counterclaim
Plaintiff ROUND ROCK RESEARCH LLC

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Civil L.R. 5-1(i)

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I, Chuck P. Ebertin, hereby attest that John Spaccarotella has concurred in the filing of this
document.
By: /s/ Chuck P. Ebertin
Chuck P. Ebertin

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STIPULATED SUPP. JOINT CLAIM CONSTRUCTION
STATEMENT AND [PROPOSED] MARKMAN SCHEDULE
1706345

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Case No. 11-cv-05243-RS

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[PROPOSED] MARKMAN SCHEDULE

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Pursuant to the above stipulation, the Court adopts the following claim construction

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schedule:

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

A claim construction hearing will be held on January 16, 2013, starting at 10:00 am, or

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immediately following the technology tutorial. The parties can present arguments on

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the fourteen disputed terms. Each side will have two hours to present their positions.

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The parties will address terms in a point, counterpoint fashion instead of having one

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party present on all disputed terms followed by the other party presenting on all

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disputed terms.


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A technology tutorial will be held on [January 14, 2013] or [January 16, 2013], starting
2:00 p.m.
at 10:00 a.m. Each party will have one hour to present its technology tutorial.

IT IS SO ORDERED.

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12/20/12
Dated: _______________________

_____________________________________
Honorable Richard Seeborg
United States District Judge

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STIPULATED SUPP. JOINT CLAIM CONSTRUCTION
STATEMENT AND [PROPOSED] MARKMAN SCHEDULE
1706345

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Case No. 11-cv-05243-RS