Asetek Holdings, Inc et al v. Cooler Master Co., Ltd. et al

Filing 371

STIPULATION AND ORDER re 370 STIPULATION WITH PROPOSED ORDER re 361 Clerk's Notice, Joint Case Management Statement and Stipulated Request to Continue Case Management Conference; Proposed Order filed by Asetek Danmark A/S. Status Report due by 3/1/2017. Signed by Judge Jon S. Tigar on January 10, 2017. (wsn, COURT STAFF) (Filed on 1/10/2017)

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Robert F. McCauley (SBN 162056)
[e-mail]
Erik R. Puknys (SBN (190926)
[e-mail]
Jacob A. Schroeder (SBN 264717)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Tel: [phone]
Fax: [phone]

Kyle D. Chen (SBN 239501)
[e-mail]
COOLEY LLP
3175 Hanover St
Palo Alto, CA 94304
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
COOLER MASTER CO., LTD.
CMI USA, INC., fka
COOLER MASTER USA INC.

Arpita Bhattacharyya (pro hac vice)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Seaport Lane, 6th Floor
Boston, MA 02210-2001
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
ASETEK DANMARK A/S

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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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ASETEK DANMARK A/S,
Plaintiffs,

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v.
CMI USA, INC., fka COOLER
MASTER USA, INC. and
COOLER MASTER CO., LTD
Defendants.

CASE NO. 3:13-CV-00457-JST
JOINT CASE MANAGEMENT
STATEMENT AND STIPULATED
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Date:
Time:
Dept.:
Judge:

Wednesday, January 18, 2017
2 p.m.
Courtroom 9, 19th Floor
Hon. Jon S. Tigar

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JOINT CM STATEMENT AND REQUEST TO CONTINUE CMC
CASE NO. 3:13-CV-00457 JST

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Pursuant to the CLERK’S NOTICE SETTING CASE MANAGEMENT CONFERENCE

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dated December 9, 2016 (Dkt. No. 361), the parties respectfully submit this Joint Case

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Management Statement and Stipulated Request to Continue the Case Management Conference,

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currently scheduled for January 18, 2017.

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Even though the United States Court of Appeals for the Federal Circuit issued a decision

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on December 6, 2016, the appeal remains pending. Under the Federal Rules of Appellate

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Procedure, the Federal Circuit’s mandate should issue within “7 days after the time to file a

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petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel

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rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later.” Fed.

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R. App. P. 41(b). CMI and Cooler Master intend to petition for a rehearing and asked for, and

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received, an extension of the due date for their rehearing petition to January 19, 2017. As a

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result, the Federal Circuit’s mandate has not issued and will not issue before the scheduled date

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of the Case Management Conference.

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In view of the foregoing, the parties agree, with the Court’s permission, that the Case

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Management Conference be continued until after the Federal Circuit issues its mandate.

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Accordingly, the parties also propose that they submit a status update on March 1, 2017, or

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within 7 days after the Federal Circuit issues its mandate, whichever occurs first.

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JOINT CM STATEMENT AND REQUEST TO CONTINUE CMC
CASE NO. 3:13-CV-00457 JST

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By his signature below, counsel for Asetek attests that counsel for CMI and Cooler

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Master concurs in the filing of this Joint Stipulated Request to Continue the Case Management

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Conference.

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Dated: January 9, 2017

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:

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/s/ Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiffs
Asetek Danmark A/S

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Dated: January 9, 2017

COOLEY LLP

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By:

/s/ Kyle D. Chen
Kyle D. Chen
Attorneys for Cooler Master Co., Ltd., CMI
USA, Inc., fka Cooler Master USA Inc.

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JOINT CM STATEMENT AND REQUEST TO CONTINUE CMC
CASE NO. 3:13-CV-00457 JST

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[PROPOSED] ORDER

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Having considered the parties’ Joint Stipulated Request, the Court hereby continues the

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Case Management Conference scheduled for January 18, 2017. The parties are to submit a status

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update on March 1, 2017, or within 7 days after the Federal Circuit issues its mandate, whichever

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occurs first.

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IT IS SO ORDERED.

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January 10, 2017
Dated: ________________

_____________________________

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The Honorable Jon S. Tigar
United States District Judge
Northern District of California

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[PROPOSED] ORDER GRANTING JOINT REQUEST TO CONTINUE CMC
CASE NO. 3:13-CV-00457 JST