Copytele, Inc. v. AU Optronics Corporation et al

Filing 45

STIPULATION AND ORDER re 44 CONTINUING THE MAY 9 CASE MANAGEMENT CONFERENCE TO JUNE 6, 2013 filed by E Ink Holdings, Inc., E Ink Corporation Case Management Statement due by 5/30/2013. Case Management Conference set for 6/6/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/22/13. (bpf, COURT STAFF) (Filed on 4/22/2013)

Beatrice B. Nguyen (CSB No. 172961, bbnguyencÐcrowell.com)

CROWELL & MORIG LLP
2 275 Battery Street, 23rd Floor

San Francisco, CA 94111
3 Telephone: [phone]

Facsimile: 415.986.2827
4
David 1. Laing (Pro Hac Vice, dlaingcÐcrowell.com)

5 CROWELL & MORIG LLP
1001 Pennsylvania Avenue, N.W.
6 Washington, DC 20004

Telephone: [phone]
7 Facsimile: 202.628.5116
8 Attorneys for Defendants

E INK HOLDINGS, INC. and E INK CORPORA nON
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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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14 COPYTELE, INC., a Delaware
Corporation,
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Plaintiff,
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v.

Case No. 3:

13-cv-00380-EMC

STIPULATION AND (PROPOSED)
ORDER CONTINUING THE MAY 9 CASE

MANAGEMENT CONFERENCE TO
JUNE 6,2013

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AU OPTRONICS CORPORATION, a

(Civil L. R. 6-2(a)J

18 Taiwanese corporation; AU OPTRONICS

CORPORATION AMERICA, a California
19 corporation; E INK HOLDINGS, INC., a

Taiwanese corporation; and E INK
20 CORPORATION, a Delaware corporation,
Defendants.

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STIPULATION AND (PROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO. 3:13-cv-00380-EMC

CROWELL

& MORING LLP
ATTORNEYS AT LAW

DCACTIVE-2256 1396.1

1

WHEREAS, on January 28, 2013, PlaintiffCopyTele, Inc. ("CopyTele") fied the above2
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captioned action against Defendants E Ink Holdings, Inc. ("EIH"), E Ink Corporation ("EIC" and
collectively, "E Ink"), AU Optronics Corporation ("AUO"), and AU Optronics Corporation
America ("AUOA");

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WHEREAS, EIC's and AUOA's responses to the Complaint were due on February 22,
2013;

WHEREAS, on February 15,2013, CopyTele and EIC agreed and stipulated to an interim
extension until March 8, 2013, for EIC to answer or otherwise respond to the Complaint while the
paries finished negotiations on a final extension (Dkt. No. 18);

WHEREAS, on February 21, 2013, CopyTele and AUOA agreed and stipulated to an

interim extension until March 7,2013, for AUOA to answer or otherwise respond to the
Complaint while the parties finished conferring regarding multiple issues (Dkt. No. 14);

WHEREAS, on March 6,2013, CopyTele and E Ink agreed and stipulated that E Ink wil

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have until April

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29, 2013, to answer or otherwise respond to the Complaint (Dkt. No. 34);

WHEREAS, on March 6, 2013, CopyTele, AUOA, and ADO agreed and stipulated to
dismiss the Complaint against AUOA, that ADO would waive service of sumons pursuant to

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Federal Rule of

18

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Civil Procedure 4, and that AUO would have until April

29, 2013, to file its

response to the Complaint (Dkt. No. 30);

WHEREAS, on March 13,2013, the Court issued a Case Management Conference Order
in Reassigned Cases, which set the Case Management Conference for May 2, 2013 (Dkt. No. 36);

WHEREAS, on March 28,2013, the Court reset the Case Management Conference to
May 9, 2013 (Dkt No. 39);

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29,

WHEREAS, E Ink intends to fie a motion to dismiss the complaint on or before April

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2013, with a noticed hearing date of June 6, 2013;

WHEREAS, AUO intends to fie a motion to compel arbitration on or before April 29,
2013, with a noticed hearing date of June 6, 2013;

WHEREAS, briefing on E Ink's motion to dismiss and ADO's motion to compel

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STIPULATION AND (PROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO. 3:13-cv-00380-EMC

CROWELL

& MORING LLP
ATTORNEYS AT LAW

DCACTIVE-2256 1396. I

1

arbitration wil not yet be complete on May 9, 2013, when the Case Management Conference is
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currently scheduled;

WHEREAS, continuing the Case Management Conference until June 6, 2013, the
anticipated hearing date on E Ink's motion to dismiss and AUO's motion to compel arbitration,

would promote judicial economy and effciency and facilitate productive case management; and
WHEREAS, with the Case Management Conference continued to June 6, 2013, the Case

Management Conference Statement would be due on or before May 30, 2013, pursuant to Civil

General Standing Order No.6, and no other case deadline would be affected;

IT is HEREBY STIPULATED AND AGREED that:

1. The Case Management Conference scheduled for May 9, 2013, be continued to
June 6, 2013, at 1 :30 p.m., the date and time that E Ink's motion to dismiss and ADO's motion to

compel arbitration wil be noticed to be heard by the Cour.

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

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Statement wil be due on or before May 30, 2013.

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CROWELL & MORIG LLP

16 Dated: April 19,2013
17

lsI Beatrice B. Nguyen

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David 1. Laing
Beatrice B. Nguyen
Attorneys for Defendants
E INK HOLDINGS, INC. and E INK
CORPORATION

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LATHAM & WATKINS LLP

22 Dated: April 19,2013
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lsI Matthew Rawlinson

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Matthew Rawlinson
Attorneys for Defendant
AU OPTRONICS CORPORATION

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CROWELL

& MORING LLP
ATTORNEYS AT LAW

-2-

STIPULATION AND (pROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO. 3:I3-CV-00378-EMC

RASER, HEIMANN
& BERNSTEIN, LLP

1 Dated: April 19,2013

LIEFF, CAB

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lsI David T Rudolph

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Eric B. Fastiff

David T. Rudolph
Melissa Gardiner
Attorneys for Plaintiff COPYTELE, INC.

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

this document has been obtained from the other signatories.
lsI Beatrice B. Nguyen

10 DATED: April 19,2013

Beatrice B. Nguyen

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13 (PROPOSED) ORDER
14 PURSUANT TO STIPULATION, IT IS SO ORDERED. For good cause shown, the
15 Case Management Conference scheduled for May 9, 2013, is hereby continued to June 6, 2013, at
. 16 1 :30 p.m. The parties shall file the joint Case Management Conference Statement on or before
17 May 30, 2013.

R NIA

en

S

ER

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FO

d M. Ch

dwar
Judge E

H

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RT

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D

RDERE

OO
IT IS S

NO

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United States District Judge

LI

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S DISTRICT
TE
C
TA Hon. Edward M. Chen

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,2013

RT
U
O

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4/22

UNIT
ED

18 Dated:

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F
D IS T IC T O
R

C

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CROWELL

& MORING LLP
ATTORNEYS AT LAW

-3-

STIPULATION AND (PROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO.3: 13-CV-00378-EMC