Copytele, Inc. v. AU Optronics Corporation et al

Filing 105

STIPULATION AND ORDER re 104 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Copytele, Inc.. Signed by Judge Edward M. Chen on 12/4/14. (bpf, COURT STAFF) (Filed on 12/4/2014)

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Eric B. Fastiff (State Bar No. 182260)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[e-mail]
Katherine C. Lubin (State Bar No. 259826)
[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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Case No. 3:13-cv-00380-EMC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

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

Date:
Time:
Dept:
Judge:

December 11, 2014
10:30 a.m.
Courtroom 5, 17th Floor
The Honorable Edward M. Chen

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Defendants.
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1208283.1

STIP. AND PROPOSED ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE;
CASE NO. 3:13-cv-00380-EMC

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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 between Plaintiff CopyTele, Inc. (“CopyTele”) and Defendants E Ink

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Holdings, Inc., a Taiwanese corporation, E Ink Corporation, a Delaware corporation (collectively

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“E Ink”), and AU Optronics Corporation (“AUO”), a Taiwanese corporation.

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

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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;
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, CopyTele filed its Demand for Arbitration before the American Arbitration

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Association on September 17, 2013, and AUO filed its Answer in the arbitration on October 28,

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2013;
WHEREAS, on May 8, 2014, the Court continued the Case Management Conference set

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for May 15, 2014 to December 11, 2014, after the Final Arbitration Hearing was to be concluded

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(Dkt. No. 103);
WHEREAS, the Final Arbitration Hearing was held on November 10-November 21,

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2014, in San Francisco, California;
WHEREAS, at the conclusion of the Final Arbitration Hearing, CopyTele and AUO

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agreed to a post-hearing briefing schedule, with opening briefs due January 15, 2015 and

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response briefs due February 5, 2015, and the Tribunal confirmed this schedule in Procedural

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Order No. 11, issued November 26, 2014;
WHEREAS, in light of the status of the post-hearing briefing in the arbitration, the parties

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respectfully request that the Court continue the Case Management Conference to a date after the

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post-hearing briefing has been concluded.
IT IS HEREBY STIPULATED AND AGREED that:

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1. The Case Management Conference shall be continued from December 11, 2014 to

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1208283.1

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STIP. AND PROPOSED ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE;
CASE NO. 3:13-cv-00380-EMC

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March 5, 2015 at 10:30 a.m.

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

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Statement will be due on or before February 26, 2015.
Dated: December 4, 2014

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LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP

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By:

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Eric B. Fastiff
David T. Rudolph
Katherine C. Lubin
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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/s/ Eric B. Fastiff
Eric B. Fastiff

Dated: December 4, 2014

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CROWELL & MORING LLP
By:

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/s/ Beatrice B. Nguyen
Beatrice B. Nguyen

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Beatrice B. Nguyen
275 Battery Street, Suite 2300
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant E INK CORPORATION

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1208283.1

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STIP. AND PROPOSED ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE;
CASE NO. 3:13-cv-00380-EMC

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Dated: December 4, 2014

LATHAM & WATKINS LLP

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By:
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/s/ Matthew Rawlinson
Matthew Rawlinson

Matthew Rawlinson
140 Scott Drive
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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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: December 4, 2014

/s/ David T. Rudolph
David T. Rudolph

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STIP. AND PROPOSED ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE;
CASE NO. 3:13-cv-00380-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. The Case Management Conference shall be continued from December 11, 2014 to
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March 5, 2015 at 10:30 a.m.

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

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Statement will be due on or before February 26, 2015. March 5, 2015

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, 2014

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Dated:

S DISTRICT
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Judge E

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The Honorable Edward M. Chen
United States District Judge
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STIP. AND PROPOSED ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE;
CASE NO. 3:13-cv-00380-EMC