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

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER TO MODIFY BRIEFING SCHEDULE AND CONTINUE HEARING DATE ON MOTION TO DISMISS, 38 MOTION to Dismiss Copytele's Complaint for Lack of Standing; Memorandum of Poin ts and Authorities; Notice of Motion; [Proposed] Order. Responses due by 5/20/2013. Replies due by 6/3/2013. Motion Hearing set for 6/27/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/6/13. (bpf, COURT STAFF) (Filed on 5/6/2013)

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Eric B. Fastiff (State Bar No. 182260)
([e-mail])
David T. Rudolph (State Bar No. 233457)
([e-mail])
Melissa A. Gardner (State Bar No. 289096)
([e-mail])
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, California 94111-3339
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff CopyTele, Inc.

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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,

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Plaintiff,
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v.

Case No. 3:13-cv-00378-EMC
STIPULATION AND [PROPOSED]
ORDER TO MODIFY BRIEFING
SCHEDULE AND CONTINUE HEARING
DATE ON MOTION TO DISMISS

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

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Date:
Time:
Dept:
Judge:

June 6, 2013
1:30 p.m.
Courtroom 5, 17th Floor
The Honorable Edward M. Chen

Defendants.
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1095022.1
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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00378-EMC

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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., a Taiwanese corporation, and E Ink

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Corporation, a Delaware corporation (collectively “E Ink”);

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WHEREAS, on January 28, 2013, CopyTele filed a complaint against E Ink Holdings, E

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Ink Corp., and AU Optronics Corporation (“AUO”) in the related case No. 3:13-cv-00380-EMC

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(“Related Complaint”);

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WHEREAS, on April 29, 2013, E Ink filed a motion to dismiss all claims against it in the
Complaint;

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WHEREAS, on April 29, 2013, E Ink also filed a motion to dismiss all claims against it in
the Related Complaint;

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WHEREAS, on April 29, 2013, E Ink also filed a motion in the alternative to stay the
claims against it in the Related Complaint pending arbitration;

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WHEREAS, on April 29, 2013, AUO filed a motion to stay the claims against it in the
Related Complaint and compel arbitration;

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WHEREAS, pursuant to this Court’s stipulated Order, the Case Management Conference

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in this case is scheduled for June 6, 2013, at 1:30 p.m., the date and time that E Ink's motion to

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dismiss and AUO’s motion to compel arbitration are scheduled to be heard by the Court (Docket

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No. 35);

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WHEREAS, CopyTele’s lead counsel, Eric Fastiff, has a conflict with the scheduled June

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6, 2013 hearing date for the aforementioned motions and Case Management Conference; Mr.

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Fastiff is the Chair of the Board of Trustees of his children’s school and is required to preside

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over the 8th grade graduation taking place that afternoon;

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WHEREAS, CopyTele’s responses to the defendants’ motions are currently due May 13,
2013;

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WHEREAS, in light of the number of motions and related issues to which CopyTele must

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respond, CopyTele seeks a one-week extension until May 20, 2013, for CopyTele to respond to

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the aforementioned motions;

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WHEREAS, E Ink and AUO seek a one-week extension to file their reply briefs;
1095022.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00378-EMC

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WHEREAS, pursuant to this Court’s Notice of Unavailability this Court is unavailable
June 13, 2013;

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WHEREAS, AUO’s counsel are also unavailable for a hearing on June 13, 2013;

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WHEREAS, counsel for all parties are all available for a hearing on June 27, 2013;

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WHEREAS, continuing the Case Management Conference until June 27, 2013, the

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same proposed hearing date as for E Ink's motion to dismiss, would promote judicial economy

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and efficiency and facilitate productive case management; and

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WHEREAS, with the Case Management Conference continued to June 27, 2013, the Case
Management Conference Statement would be due on or before June 20, 2013, pursuant to Civil
General Standing Order No. 6, and no other case deadline would be affected;

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WHEREAS, the parties seek to modify the briefing schedule and continue the Case
Management Conference and the hearing on the motions until June 27, 2013;

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IT IS HEREBY STIPULATED AND AGREED that:

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1. CopyTele shall file its response to E Ink’s motion to dismiss the Complaint on or

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before May 20, 2013;

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2. E Ink shall file its reply brief on or before June 3, 2013;

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3. Both the Case Management Conference and the hearing on E Ink’s motion shall be

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continued from June 6, 2013 to June 27, 2013 at 1:30 p.m.;

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4. Pursuant to Civil General Standing Order No. 6, the Case Management Conference

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Statement will be due on or before June 20, 2013.

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00378-EMC

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Dated: May 3, 2013

LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP

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By:
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/s/ Eric B. Fastiff
Eric B. Fastiff

Eric B. Fastiff
David T. Rudolph
Melissa Gardner
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff COPYTELE, INC.
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Dated: May 3, 2013

WOLF, GREENFIELD & SACKS, PC

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By:

/s/ Michael N. Rader
Michael N. Rader

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Michael N. Rader
600 Atlantic Avenue
Boston, MA 02210-2206
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant E INK CORPORATION

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ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the

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filing of this document has been obtained from the other signatories.

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DATED: May 3, 2013

/s/ David T. Rudolph
David T. Rudolph

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00378-EMC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. For good cause shown:

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1.

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CopyTele shall file its response to E Ink’s motion to dismiss the Complaint

(Docket No. 38) on or before May 20, 2013;

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2.

E Ink shall file its reply brief on or before June 3, 2013;

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3.

Both the Case Management Conference and the hearing on E Ink’s motion shall be

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continued from June 6, 2013 to June 27, 2013 at 1:30 p.m.;
4.

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Pursuant to Civil General Standing Order No. 6, the Case Management Conference

Statement will be due on or before June 20, 2013.

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, 2013

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Dated:

5/6

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The Honorable Edward M. Chen
United States District Judge

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00378-EMC

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CERTIFICATE OF SERVICE

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I hereby certify that, on May 3, 2013, I electronically filed the foregoing with the Clerk of

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the Court by using the CM/ECF system which will send notification of such filing to all attorneys

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of record.

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/s/ David T. Rudolph
David T. Rudolph

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1095022.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00378-EMC