Copytele, Inc. v. AU Optronics Corporation et al

Filing 59

STIPULATION AND ORDER re 58 TO MODIFY BRIEFING SCHEDULE AND CONTINUE HEARING DATE ON MOTIONS TO DISMISS, TO STAY, AND TO COMPEL ARBITRATION filed by Copytele, Inc., Set/Reset Deadlines as to 58 STIPULATION WITH PROPOSED ORDER TO MODIFY BRIEFING SCHEDULE AND CONTINUE HEARING DATE ON MOTIONS TO DISMISS, TO STAY, AND TO COMPEL ARBITRATION, 54 MOTION to Stay Public Version Defendant AU Optronics Corporations Notice of Motion and Motion to Stay Litigation and Compe l Arbitration, 50 MOTION to Dismiss Plaintiff Copytele, Inc.'s Complaint; Memorandum of Points and authorities In Support of Motion to Dismiss; Notice of Motion; [Proposed] Order, 52 MOTION to Stay re 1 Complaint, DEFENDANTS E INK HOLDINGS, INC. AND E INK CORPORATION'S MOTION, IN THE ALTERNATIVE, TO STAY CLAIMS PENDING ARBITRATION BETWEEN PLAINTIFF COPYTELE, INC. AND DEFENDANT AU OPTRONICS CORPORATION. Responses due by 5/20/2013. Replies due by 6/3/2 013. Motion Hearing set for 6/27/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Case Management Statement due by 6/20/2013. Case Management Conference reset for 6/27/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. 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.
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AU OPTRONICS CORPORATION, a
Taiwanese corporation; E INK
HOLDINGS, INC., a Taiwanese
corporation; and E INK CORPORATION,
a Delaware corporation,

Case No. 3:13-cv-00380-EMC
STIPULATION AND [PROPOSED]
ORDER TO MODIFY BRIEFING
SCHEDULE AND CONTINUE HEARING
DATE ON MOTIONS TO DISMISS AND
TO COMPEL ARBITRATION
Date:
Time:
Dept:
Judge:

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

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Defendants.
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1094989.1

STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00380-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, E Ink

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Corporation, a Delaware corporation (collectively “E Ink”), and AU Optronics Corporation

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(“AUO”), a Taiwanese corporation;

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WHEREAS, on January 28, 2013, CopyTele filed a complaint against E Ink in the related
case No. 3:13-cv-00378-EMC (“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 pending arbitration;

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WHEREAS, on April 29, 2013, AUO filed a motion to stay litigation 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, E Ink’s motion in the alternative to stay, and AUO’s motion to compel arbitration are

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noticed to be heard by the Court (Docket No.45);

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

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

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Mr. 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;
1094989.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00380-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, E Ink’s motion in the alternative to

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stay, and AUO's motion to compel arbitration, would promote judicial economy and efficiency

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and facilitate productive case management; and

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WHEREAS, with the Case Management Conference continued to June 27, 2013, the Case

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Management Conference Statement would be due on or before June 20, 2013, pursuant to Civil

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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 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. CopyTele shall file its response to E Ink’s alternative motion to stay claims against

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it pending arbitration on or before May 20, 2013;

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3. CopyTele shall file its response to AUO’s motion to stay litigation and compel

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arbitration on or before May 20, 2013;

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4. E Ink and AUO shall file their reply briefs on or before June 3, 2013;

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5. Both the Case Management Conference and the hearing on E Ink’s and AUO’s

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

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6. 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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1094989.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00380-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

CROWELL & MORING LLP

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By:

/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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Dated: May 3, 2013

LATHAM & WATKINS LLP

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By:

/s/ Matthew Rawlinson
Matthew Rawlinson

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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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1094989.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00380-EMC

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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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1094989.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
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.

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(Docket No. 50) on or before May 20, 2013;
2.

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CopyTele shall file its response to E Ink’s alternative motion to stay claims against

it pending arbitration (Docket No. 52) on or before May 20, 2013;
3.

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

CopyTele shall file its response to AUO's motion to stay litigation and compel

arbitration (Docket No. 54) on or before May 20, 2013;

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E Ink and AUO shall file their reply briefs on or before June 3, 2013;

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5.

Both the Case Management Conference and the hearing on E Ink's and AUO's

motions shall be continued from June 6, 2013 to June 27, 2013 at 1:30 p.m.;
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Conference, Statement will be due on or before June 20, 2013.

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5/6

, 2013

E
The Honorable Edward RDChen D
O M. ER
S SO Judge
United States District
IT I

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dwar
Judge E

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Dated:

UNIT
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S DISTRICT
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Pursuant to Civil General Standing Order No. 6, the Case Management

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1094989.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00380-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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1094989.1

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STIP. AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE AND CONTINUE HRG DATE;
CASE NO. 3:13-cv-00380-EMC