Cypress Semiconductor Corporation v. GSI Technology, Inc.

Filing 122

STIPULATION AND ORDER re 121 STIPULATION WITH PROPOSED ORDER Concerning Modifications to the Case Management Order filed by GSI Technology, Inc. Signed by Judge Jon S. Tigar on September 16, 2014. (wsn, COURT STAFF) (Filed on 9/15/2014)

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MARK FOWLER (Bar No. 124235)
[e-mail]
GERALD T. SEKIMURA (Bar No. 096165)
[e-mail]
ANDREW P. VALENTINE (Bar No. 162094)
[e-mail]
ALAN LIMBACH (Bar No. 173059)
[e-mail]
TIMOTHY LOHSE (Bar No. 177230)
[e-mail]
MICHAEL G. SCHWARTZ (Bar No. 197010)
[e-mail]
BRENT YAMASHITA (Bar No. 206890)
[e-mail]
ERIK FUEHRER (Bar No. 252578)
[e-mail]
SAORI KAJI (Bar No. 260392)
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
GSI TECHNOLOGY, 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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CYPRESS SEMICONDUCTOR
CORPORATION,
CASE NOS. 3:13-CV-02013-JST (JCS)
3:13-CV-03757-JST (JCS)

Plaintiff,
v.
GSI TECHNOLOGY, INC.,

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Defendant.

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STIPULATION AND [PROPOSED]
ORDER CONCERNING
MODIFICATIONS TO THE
CASE MANAGEMENT ORDER
JURY TRIAL DEMANDED

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DLA P IPER LLP (US)
EAST PAL O AL TO

WEST\250363784.1

CASE NOS. 13-CV-02013-JST (JCS) & 13-CV-03757-JST (JCS)
STIPULATION AND [PROPOSED] ORDER CONCERNING
MODIFICATIONS TO THE CASE MANAGEMENT ORDER

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Pursuant to Local Rules 6-2 and 7-12 of the United States District Court for the Northern

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District of California, Defendant GSI Technology, Inc. (“GSI”) and Plaintiff Cypress

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Semiconductor Corporation (“Cypress”) stipulate as follows:

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WHEREAS, pursuant to the Court’s Case Management Order (Dkt 25), the deadline for

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the disclosure of advice of counsel pursuant to Patent Local Rule 3-7 is set for 50 days after the

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Markman Ruling;

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WHEREAS, the Case Management Order (Dkt 25) further requires the parties to

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participate in a settlement conference with a Magistrate Judge “following a ruling on claim

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construction issues”;

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WHEREAS, pursuant to the Court’s Scheduling Order; Order On Stipulation Concerning

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Claim Construction Schedule And Procedure (Dkt 65), the Court modified certain deadlines

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relating to the briefing on claim construction issues and set the claim construction hearing for

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May 20, 2014;

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WHEREAS, on April 24, 2014, GSI filed the Motion For Partial Stay Pending Inter

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Partes Review (Dkt 92) (the “Motion”) requesting a partial stay of the case as to United States

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Patent Nos. 6,069,839 (the “’839 patent”) and 6,292,403 (the “’403 patent”);

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WHEREAS, in its Motion, GSI informed the Court that it had filed petitions for inter

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partes review of United States Patent Nos. 6,385,128 (the “’128 patent”), 6,445,645 (the “’645

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patent”) and 6,967,861 (the “’861 patent”);

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WHEREAS, the Court bifurcated the claim construction hearing for the Patents-in-Suit by

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holding a claim construction hearing for the two remaining patents-in-suit that were not the

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subject of any petition for inter partes review, United States Patent Nos. 7,142,477 (the “’477

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patent) and 6,651,134 (the “’134 patent”), on May 20, 2014;

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WHEREAS, the Court set a second claim construction hearing for October 28, 2014;

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WHEREAS, on July 29, 2014, the Court issued the Order Construing Claims Of U.S.

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Patent Nos. 6,651,134 And 7,142,477 (Dkt 114). Based on the current deadline set forth in the

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Court’s Case Management Order (Dkt 25), the disclosure of the advice of counsel pursuant to

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Patent Local Rule 3-7 for the ’477 and ’134 patents is due September 17, 2014;
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DLA P IPER LLP (US)
EAST PAL O AL TO

WEST\250363784.1

CASE NOS. 13-CV-02013-JST (JCS) & 13-CV-03757-JST (JCS)
STIPULATION AND [PROPOSED] ORDER CONCERNING
MODIFICATIONS TO THE CASE MANAGEMENT ORDER

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WHEREAS, GSI filed its Renewed Motion For Partial Stay Pending Inter Partes Review

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(the “Renewed Motion For Partial Stay”) requesting partial stay of the case as to the ’403, ’839,

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’128 and ’645 patents on August 21, 2014 (Dkt 118);
WHEREAS, Cypress has filed a response to GSI’s Renewed Motion For Partial Stay by

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agreeing to stay the case with respect to the ’128 and ’645 patents, but opposing the stay with

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respect to the ’403 and ’839 patents (Dkt 119);

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WHEREAS, the Court will issue a second claim construction order after it holds the

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October 28, 2014, claim construction hearing for the disputed claim terms of the ’861 patent and

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the patents-in-suit (other than the ’477 and ’134 patents) that remain in the case, if any, following

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the Court’s ruling on GSI’s Renewed Motion For Partial Stay;
WHEREAS, a hearing on GSI’s Renewed Motion For Partial Stay is scheduled for

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October 2, 2014;

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IT IS HEREBY AGREED AND STIPULATED by and between the parties, through their

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respective counsel and subject to the Court’s approval, that the deadlines for the disclosure of the

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advice of counsel pursuant to Patent Local Rule 3-7 and the timeline for participating in a

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settlement conference with a Magistrate Judge shall be based upon the issuance of the Court’s

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second claim construction order following the claim construction hearing on October 28, 2014.

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Specifically, the parties agree that:

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(1)

The deadline for the disclosure of reliance on advice of counsel pursuant to Patent

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Local Rule 3-7 for all of the patents-in-suit, including the ’477 and ’134 patents, that remain in

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the case following the Court’s ruling on GSI’s Renewed Motion For Partial Stay will be set for 50

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days after service by the Court of its second claim construction order; and

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DLA P IPER LLP (US)
EAST PAL O AL TO

WEST\250363784.1

-2CASE NOS. 13-CV-02013-JST (JCS) & 13-CV-03757-JST (JCS)
STIPULATION AND [PROPOSED] ORDER CONCERNING
MODIFICATIONS TO THE CASE MANAGEMENT ORDER

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(2)

The parties will participate in a settlement conference with a Magistrate Judge

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following the Court’s issuance of the second claim construction order.

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Dated: September 12, 2014

Respectfully Submitted,

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FISH & RICHARDSON, P.C.

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By: /s/ David Hoffman, by permission
David Hoffman
Attorneys for Plaintiff
CYPRESS SEMICONDUCTOR CORP.

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DLA PIPER LLP (US)

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By: /s/ Michael G. Schwartz
Michael G. Schwartz
Attorneys for Defendant
GSI TECHNOLOGY, INC.

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S

UNIT
ED

By

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D
RDERE

OO
IT IS S
Jon S. Tigar

R NIA

Dated: September 15, 2014

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United States District Judge

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ISTRIC
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DLA P IPER LLP (US)
EAST PAL O AL TO

-3WEST\250363784.1

CASE NOS. 13-CV-02013-JST (JCS) & 13-CV-03757-JST (JCS)
STIPULATION AND [PROPOSED] ORDER CONCERNING
MODIFICATIONS TO THE CASE MANAGEMENT ORDER

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SIGNATURE ATTESTATION
I, Michael Schwartz, am the ECF user whose identification and password are being used

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to file this STIPULATION AND [PROPOSED] ORDER CONCERNING MODIFICATIONS

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TO THE CASE MANAGEMENT ORDER in compliance with Civil L.R. 6-2 and 7-12.

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Concurrence to the filing of this document was obtained from David Hoffman, counsel for

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Cypress Semiconductor Corporation, on September 12, 2014.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct.

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Dated: September 12, 2014
DLA PIPER LLP (US)

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/s/ Michael G. Schwartz
Michael G. Schwartz
Attorneys for Defendant
GSI TECHNOLOGY, INC.

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DLA P IPER LLP (US)
EAST PAL O AL TO

-4WEST\250363784.1

CASE NOS. 13-CV-02013-JST (JCS) & 13-CV-03757-JST (JCS)
STIPULATION AND [PROPOSED] ORDER CONCERNING
MODIFICATIONS TO THE CASE MANAGEMENT ORDER