Copytele, Inc v. E Ink Holdings, Inc et al

Filing 25

STIPULATION AND ORDER 20 Extending E Ink Holdings, Inc. and E Ink Corporation's Time to Respond to Complaint filed by E Ink Corporation, E Ink Holdings, Inc. Signed by Judge Edward M. Chen on 3/11/13. (bpfS, COURT STAFF) (Filed on 3/11/2013)

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Beatrice B. Nguyen (CSB No. 172961, [e-mail])
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.986.2827

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Michael N. Rader (Pro Hac Vice pending, [e-mail])
John L. Strand (Pro Hac Vice pending, [e-mail])
Gerald Hrycyszyn (CSB No. 227814, [e-mail])
Eric G. Kaviar (Pro Hac Vice pending, [e-mail])
WOLF, GREENFIELD & SACKS, P.C.
600 Atlantic Avenue
Boston, MA 02210-2206
Telephone: [phone]
Facsimile: 617.646.8646

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Attorneys for Defendants
E INK HOLDINGS, INC. and E INK CORPORATION

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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COPYTELE, INC., a Delaware
Corporation,
Plaintiff,

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v.
E INK HOLDINGS, INC., a Taiwanese
corporation; and E INK CORPORATION,
a Delaware corporation,

Case No. 3:13-cv-00378-EMC
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEFENDANTS E
INK HOLDINGS, INC. AND E INK
CORPORATION’S TIME TO RESPOND
TO COMPLAINT
[Civil L. R. 6-1(a)]

Defendants.

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C ROWELL
& M ORING LLP

STIPULATION AND [PROPOSED] ORDER
EXTENDING E INK’S TIME TO RESPOND TO
COMPLAINT; CASE NO. 3:13-cv-00378-EMC

ATTO RNEY S AT LAW

DCACTIVE-22628364.3

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WHEREAS, on January 28, 2013, Plaintiff CopyTele, Inc. (“CopyTele”) filed a complaint

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(“Complaint”) against Defendants E Ink Holdings, Inc. (“E Ink Holdings”), a Taiwanese

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corporation, and E Ink Corporation (“E Ink Corp.”), a Delaware corporation;

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WHEREAS, E Ink Corp.’s response to the Complaint was due on February 22, 2013;

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WHEREAS, on February 15, 2013, CopyTele and E Ink Corp. agreed and stipulated to an

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interim extension until March 8, 2013, for E Ink Corp. to answer or otherwise respond to the

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Complaint while the parties finish their negotiations on a final extension; and

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WHEREAS, E Ink Holdings has agreed to waive service of summons under Rule 4 of the
Federal Rules of Civil Procedure and to waive any objections to the absence of a summons or
service under the laws of the United States and Taiwan;

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IT IS HEREBY STIPULATED AND AGREED that:

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1.

E Ink Holdings shall waive service of summons under the Rule 4 of the Federal

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Rules of Civil Procedure, and it shall waive any objections to the absence of a summons or

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service under the laws of the United States and Taiwan.

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2.

Pursuant to Civil Local Rule 6-1(a), E Ink Holdings and E Ink Corp. shall have 91

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days from the date of the filing of the complaint up to and including Monday, April 29, 2013, to

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answer or otherwise respond to the Complaint.

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Dated: March 6, 2013

CROWELL & MORING LLP

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/s/ Beatrice B. Nguyen

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Beatrice B. Nguyen
Attorneys for Defendants
E INK HOLDINGS, INC. and
E INK CORPORATION

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C ROWELL
& M ORING LLP

STIPULATION AND [PROPOSED] ORDER
EXTENDING E INK’S TIME TO RESPOND TO
COMPLAINT; CASE NO. 3:13-cv-00378-EMC

ATTO RNEY S AT LAW

DCACTIVE-22628364.3

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Dated: March 6, 2013

LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP

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/s/ David T. Rudolph
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Eric B. Fastiff
David T. Rudolf
Melissa Gardner
Attorneys for Plaintiff
COPYTELE, INC.

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ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the
filing of this document has been obtained from the other signatories.
DATED: March 6, 2013

/s/ Beatrice B. Nguyen
Beatrice B. Nguyen

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Defendants E Ink Holdings,

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Inc. and E Ink Corporation shall have up to and including April 29, 2013, to answer or otherwise

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respond to the Complaint.

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March 11
Dated: _________________, 2013

S

DERED

O OR
IT IS S

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dwa
Judge E

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A

H

ER

LI

RT

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hen

rd M. C

NO

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FO

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Hon. Edward M. Chen
United States District Judge

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UNIT
ED

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RT
U
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S DISTRICT
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___________________________________________
TA

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F
D IS T IC T O
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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

DCACTIVE-22628364.3

STIPULATION AND [PROPOSED] ORDER
EXTENDING E INK’S TIME TO RESPOND TO
COMPLAINT; CASE NO. 3:13-cv-00378-EMC