Copytele, Inc. v. AU Optronics Corporation et al

Filing 85

STIPULATION AND ORDER re 84 54 MOTION to Stay Public Version Defendant AU Optronics Corporations Notice of Motion and Motion to Stay Litigation and Compel Arbitration Stipulation and Proposed Order Withdrawing Motion To Co mpel filed by Copytele, Inc., Motions terminated: 54 MOTION to Stay Public Version Defendant AU Optronics Corporations Notice of Motion and Motion to Stay Litigation and Compel Arbitration Stipulation and Proposed Order Withdrawing Motion To Compel filed by Copytele, Inc.,. Signed by Judge EDWARD M. CHEN on 6/27/13. (bpf, COURT STAFF) (Filed on 6/27/2013)

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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 WITHDRAWING MOTION TO
COMPEL ARBITRATION (DOCKET NO.
54) AND STAYING CLAIMS PENDING
ARBITRATION
Date:
Time:
Dept:
Judge:

June 27, 2013
1:30 p.m.
Courtroom 5, 17th Floor
The Honorable Edward M. Chen

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Defendants.
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STIP. AND PROPOSED ORDER TO WITHDRAW
MOTION TO COMPEL AND TO STAY LITIGATION;
CASE NO. 3:13-cv-00380-EMC

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WHEREAS, on January 28, 2013, Plaintiff CopyTele, Inc. (“CopyTele”) filed the

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Complaint (“Complaint”) in the above-captioned action against Defendants and AU Optronics

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Corporation (“AUO”), a Taiwanese corporation, and E Ink Holdings, Inc., a Taiwanese

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

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WHEREAS, on April 29, 2013, AUO filed a motion to stay litigation and compel
arbitration (Docket No. 54);
WHEREAS, CopyTele has agreed to arbitrate the claims pled in its Complaint against
AUO, and has agreed to stay the claims against AUO;
WHEREAS, CopyTele has not agreed to stay its claims against E Ink;
WHEREAS, in light of CopyTele’s agreement to arbitrate its claims against AUO and in

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the interest of judicial economy, AUO stipulates to withdraw its motion to stay litigation and

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compel arbitration;

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IT IS HEREBY STIPULATED AND AGREED that:

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1. AUO hereby withdraws its motion to compel arbitration (Docket No. 54) in light

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of the parties’ agreement to arbitrate all claims pled in the Complaint against

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AUO;

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2. The claims against AUO shall be stayed pending the outcome of the arbitration;

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3. The parties shall file quarterly status reports informing the Court of the status of

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the arbitration.

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STIP. AND PROPOSED ORDER TO WITHDRAW
MOTION TO COMPEL AND TO STAY LITIGATION;
CASE NO. 3:13-cv-00380-EMC

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Dated: June 26, 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. Rudolf
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: June 26, 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]
Attorneys for Defendant AU OPTRONICS
CORPORATION

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STIP. AND PROPOSED ORDER TO WITHDRAW
MOTION TO COMPEL AND TO STAY LITIGATION;
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: June 26, 2013

/s/ David T. Rudolph
David T. Rudolph

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STIP. AND PROPOSED ORDER TO WITHDRAW
MOTION TO COMPEL AND TO STAY LITIGATION;
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. AUO’s motion to compel arbitration (Docket No. 54) is withdrawn;

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2. The claims against AUO shall be stayed pending the outcome of the arbitration;

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3. The parties shall file quarterly status reports informing the Court of the status of
the arbitration.

ER

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R NIA

ard M.

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Judge E

Chen

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The Honorable Edward M. Chen
United States District ED
Judge

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, 2013

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6/27

UNIT
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Dated:

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STIP. AND PROPOSED ORDER TO WITHDRAW
MOTION TO COMPEL AND TO STAY LITIGATION;
CASE NO. 3:13-cv-00380-EMC