Copytele, Inc. v. AU Optronics Corporation et al

Filing 96

STIPULATION AND ORDER re 95 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Copytele, Inc. Case Management Statement due by 2/13/2014. Further Case Management Conference set for 2/20/2014 at 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on November 12, 2013. (wsn, COURT STAFF) (Filed on 11/12/2013)

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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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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:

November 21, 2013
10:30 a.m.
Courtroom 5, 17th Floor
The Honorable Edward M. Chen

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Defendants.
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1140427.2

STIP. AND PROPOSED ORDER TO 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);
WHEREAS, the parties engaged in Settlement Conference proceedings before Magistrate

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Judge Jacqueline Scott Corley in August and September but were not successful in resolving the

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case (Dkt. Nos. 93 & 94);

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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;

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WHEREAS, CopyTele and AUO are currently engaged in the arbitrator selection process;

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WHEREAS, in light of the status of the arbitration, the parties respectfully request that the

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Court continue the Case Management Conference 90 days;
IT IS HEREBY STIPULATED AND AGREED that:

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1. The Case Management Conference shall be continued from November 21, 2013 to

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February 20, 2014 at 10:30 a.m.

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

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Conference, Statement will be due on or before February 13, 2014.

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1140427.2

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

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Dated: November 11, 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: November 11, 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: November 11, 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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1140427.2

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STIP. AND PROPOSED ORDER TO TO CONTINUE
CASE MANAGEMENT CONFERENCE;
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: November 11, 2013

/s/ David T. Rudolph
David T. Rudolph

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STIP. AND PROPOSED ORDER TO 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:
1. The Case Management Conference shall be continued from November 21, 2013 to

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February 20, 2014 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 13, 2014.

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The Honorable Edward M. Chen
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United States DistrictD
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, 2013

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November 12

UNIT
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Dated:

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1140427.2

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