Copytele, Inc. v. AU Optronics Corporation et al

Filing 101

STIPULATION AND ORDER re 100 STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference filed by E Ink Holdings, Inc., E Ink Corporation Case Management Statement due by 5/8/2014. Further Case Management Conference set for 5/15/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/17/14. (bpf, COURT STAFF) (Filed on 4/17/2014)

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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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David Laing (Admitted Pro Hac Vice, [e-mail])
CROWELL & MORING LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004
Telephone: [phone]
Facsimile: 202-628-5116
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,

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Plaintiff,
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Case No. 3:13-cv-00380-EMC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE FURTHER CASE
MANAGEMENT CONFERENCE

v.
[Civil L. R. 6-1, 6-2, and 7-12]

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AU OPTRONICS CORPORATION, a
Taiwanese corporation; AU OPTRONICS
CORPORATION AMERICA, a California
corporation; E INK HOLDINGS, INC., a
Taiwanese corporation; and E INK
CORPORATION, a Delaware corporation,
Defendants.

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C ROWELL
& M ORING LLP

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE FURTHER CASE MANAGEMENT
CONFERENCE; CASE NO. 3:13-cv-00380-EMC

ATTO RNEY S AT LAW

DCACTIVE-27439652.1

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Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, this Stipulation and [Proposed] Order is

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entered into by and among Plaintiff CopyTele, Inc. (“CopyTele”), and Defendants E Ink

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Holdings, Inc. and E Ink Corporation (collectively, “E Ink”), and Defendant AU Optronics

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Corporation (“AUO”).

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WHEREAS, on January 28, 2013, CopyTele filed a complaint in this action;

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WHEREAS, on April 29, 2013, AUO filed a motion to compel arbitration and to stay the

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litigation, and E Ink filed motions to dismiss all claims against it and in the alternative to stay the

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claims against it pending arbitration between CopyTele and AUO;

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WHEREAS, on July 9, 2013, in light of CopyTele’s agreement to arbitrate its claims

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against AUO, this Court stayed the claims against all defendants pending the resolution of the

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arbitration (Dkt. No. 91);

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WHEREAS, on April 2, 2014, the Court issued an order resetting a further case
management conference from April 24, 2013, to May 13, 2014;

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WHEREAS, E Ink’s counsel has a conflict on May 13, 2014, that cannot be rescheduled;

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WHEREAS, the Court’s clerk advised that the Court is available on May 15, 2014, at

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10:30 a.m. for a further case management conference;

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IT IS HEREBY STIPULATED AND AGREED that:

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1.

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The further case management conference shall be continued from May 13, 2014,

to May 15, 2014, at 10:30 a.m.
2.

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

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Statement shall be due on May 8, 2014.

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Dated: April 11, 2014

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
TO CONTINUE FURTHER CASE MANAGEMENT
CONFERENCE; CASE NO. 3:13-cv-00380-EMC

ATTO RNEY S AT LAW

DCACTIVE-27439652.1

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Dated: April 11, 2014

LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP

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

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Dated: April 11, 2014

LATHAM & WATKINS LLP

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/s/ Matthew Rawlinson
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Matthew Rawlinson
Attorneys for Defendant
AU OPTRONICS 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: April 11, 2014

/s/ Beatrice B. Nguyen
Beatrice B. Nguyen

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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.

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

Statement shall be due on May 8, 2014.

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dwa
Judge E

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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

hen

rd M. C

NO

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___________________________________________
ED
ORDER
SO Hon. Edward M. Chen
IT IS United States District Judge

R NIA

April 17
Dated: _________________, 2014

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S DISTRICT
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2.

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to May 15, 2014, at 10:30 a.m.

UNIT
ED

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The further case management conference shall be continued from May 13, 2014,

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C
OF
D I S T I CSTIPULATION AND [PROPOSED] ORDER
R T
TO CONTINUE FURTHER CASE MANAGEMENT
CONFERENCE; CASE NO. 3:13-cv-00380-EMC

DCACTIVE-27439652.1