Infineon Technologies AG v. Volterra Semiconductor Corporation

Filing 298

STIPULATION AND ORDER REGARDING USE OF DISCOVERY MATERIALS FROM CASE NO. 3:08-CV-05129-JCS. Signed by Judge Maxine M. Chesney on April 10, 2014. (mmclc2, COURT STAFF) (Filed on 4/10/2014)

1 DAVID G. WILLE (Pro Hac Vice)
2 (TX Bar No. 00785250)
JEFFERY D. BAXTER (Pro Hac Vice)
3 (TX Bar No. 24006816)
AARON DAVIDSON (Pro Hac Vice)
4 (TX Bar No. 24007080)
SAMIR A. BHAVSAR (Pro Hac Vice)
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(TX Bar No. 00798065)
6 BAKER BOTTS L.L.P.
2001 Ross Avenue
7 Dallas, TX 75201
Telephone: [phone]
8 Facsimile: [phone]
E-mail: [e-mail]
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E-mail: [e-mail]
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STEPHEN E. TAYLOR (SBN 058452)
11 JONATHAN A. PATCHEN (SBN 237346)
TAYLOR & COMPANY LAW OFFICES, LLP
12 One Ferry Building, Suite 355
San Francisco, California 94111
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Telephone: [phone]
14 Facsimile: [phone]
E-mail: [e-mail]
15 E-mail: [e-mail].
16 Attorneys for Plaintiff Infineon Technologies
AG
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EDWARD R. REINES (Bar No. 135960)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
ANNE CAPPELLA (Bar No. 181402)
[e-mail]
JUSTIN M. LEE (Bar No. 268310)
[e-mail]
BLAKE R. DAVIS (Bar No. 294360)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
JAMES W. MORANDO (Bar No. 087896)
[e-mail]
JEFFREY M. FISHER (Bar No. 155284)
[e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Volterra Semiconductor Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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22 INFINEON TECHNOLOGIES AG,,

Case No. CV-11-6239 (MMC)

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STIPULATION AND [PROPOSED]
ORDER REGARDING USE OF
DISCOVERY MATERIALS FROM CASE
NO. 3:08-CV-05129-JCS (DKT. NO 76)

Plaintiff,

24 v.
25 VOLTERRA SEMICONDUCTOR
CORPORATION,
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Defendant.
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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY MATERIALS
CASE NO. CV-11-6239 (MMC)

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Plaintiff Infineon Technologies, AG (“Infineon”) and Defendant Volterra Semiconductor

2 Corporation (“Volterra”) (collectively “the Parties”) have conferred by and through their counsel
3 and, subject to the Court’s approval, HEREBY STIPULATE AS FOLLOWS:
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WHEREAS, the Parties in the above-captioned case are also parties to the case captioned

5 Volterra Semiconductor Corporation v. Primarion, Inc. et al., United States District Court,
6 Northern District of California, Case No. C 08-05129 (CRB) (“Volterra v. Primarion”) and are
7 represented by the same counsel in these matters;
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WHEREAS, a Stipulated Protective Order was previously entered in the Volterra v.

9 Primarion case on May 5, 2009 (Docket No. 76) (the “Protective Order”);
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WHEREAS, on September 11, 2012, Judge Spero entered an order (Docket No. 1820)

11 adding the following language to the Protective Order: “Nothing in this Order shall be constructed
12 to forbid the disclosure of any Protected Material during discovery in case 3:11-cv-6239-MMC
13 (DMR), if so ordered by any judge in that case”;
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WHEREAS, for administrative convenience, the parties agree that certain materials from

15 the Volterra v. Primarion case may be used in this case without requiring the re-production of
16 those materials; and
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WHEREAS, the parties agree that this agreement is not intended in any way to alter the

18 scope of discovery appropriate for this action;
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In view of the foregoing, the Parties STIPULATE:

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1. The Protective Order entered in the Volterra v. Primarion case shall not bar the

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parties in this case from use of the following categories of material subject to the

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corresponding confidentiality protections provided in the Stipulated Protective

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Order entered in this case on July 17, 2012 (Docket No. 104):
 requests for production of documents and responses;

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

interrogatories and responses;



requests for admissions and responses;

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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY MATERIALS
CASE NO. CV-11-6239 (MMC)



briefing, hearing transcripts, findings of facts, and orders related
to
claim
construction,
infringement/noninfringement,
validity/invalidity, including for preliminary injunction, motions
for summary judgment/partial summary judgment;



pleadings (including exhibits and attachments);



testimony (including deposition testimony, trial testimony,
affidavits and declarations);



trial transcripts, demonstratives and exhibits; and



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technical (non-damages) expert reports, declarations, depositions
and testimony;



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document productions and privilege logs;1



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exhibits, attachments, appendices and other referenced materials
in the above.

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2. Neither party shall be required to re-produce materials that are the subject of
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Paragraph 1 in this lawsuit.
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3. By entering into this Stipulation, neither side is waiving any objections to the
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discoverability, relevance, or admissibility of any of the materials that are the
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subject of Paragraph 1.
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4. By entering into this Stipulation, neither side is waiving the right to request to add
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additional materials to Paragraph 1.
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5. Finally, the parties agree that this Stipulation does not allow the parties to seek,
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obtain, or use information beyond that which would otherwise be relevant and
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discoverable in this action (including, e.g., that it does not permit the use of
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discovery or information about or relating to products other than those timely and
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properly accused in Infineon’s infringement contentions), and does not excuse
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The parties acknowledge that certain documents produced in the Volterra v. Primarion case
may be subject to third party confidentiality obligations. Insofar as a party wishes to use in this
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case any document that was produced in the Volterra v. Primarion case that contains or appears to
26 contain third party confidential information, that party shall notify the producing party of its desire
to use that material so that the producing party can seek the consent of the third party as
27 appropriate.
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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY MATERIALS
CASE NO. CV-11-6239 (MMC)

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either side from complying with its discovery obligations in this case. The parties

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further agree that this Stipulation does not reflect an agreement that all relevant

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discovery that should have been provided in the Volterra v. Primarion case was

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produced or that the discovery that was requested or provided in the Volterra v.

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Primarion case was proper or relevant.

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IT IS SO STIPULATED.

8 Dated: April 8, 2014

Respectfully submitted,

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BAKER BOTTS L.L.P

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By:

/s/ David G. Wille
David G. Wille

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Attorneys for Plaintiff
INFINEON TECHNOLOGIES AG

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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY MATERIALS
CASE NO. CV-11-6239 (MMC)

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Dated: April 8, 2014

Respectfully submitted,
WEIL, GOTSHAL & MANGES, LLP

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By:

/s/ Sonal N. Mehta
Sonal N. Mehta

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Attorneys for Defendant
VOLTERRA SEMICONDUCTOR CORPORATION

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[PROPOSED] ORDER

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Pursuant to the above Stipulation, and good cause appearing therefore,
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IT IS SO ORDERED.
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14 DATED: _____________________
April 10, 2014
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_______________________________________
HONORABLE MAXINE M. CHESNEY
SENIOR DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY MATERIALS
CASE NO. CV-11-6239 (MMC)