Avago Technologies General IP (Singapore) Pte. Ltd. v. ASUSTeK Computer, Inc. et al

Filing 212

STIPULATION AND ORDER re 209 STIPULATION WITH PROPOSED ORDER Regarding Judgment of Non-Infringement of the '730 Patent filed by Avago Technologies General IP (Singapore) PTE Ltd. Signed by Judge Edward M. Chen on 7/5/16. (bpfS, COURT STAFF) (Filed on 7/5/2016)

1
2
3
4
5
6
7
8
9

KILPATRICK TOWNSEND & STOCKTON LLP
David E. Sipiora (SBN 124951)
Kristopher L. Reed (SBN 235518)
Matthew C. Holohan (SBN 239040)
1400 Wewatta St., Suite 600
Denver, CO 80202
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Robert J. Artuz (SBN 227789)
Eighth Floor, Two Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

10
11

Attorneys for Plaintiff

12

AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.

13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN FRANCISCO DIVISION

16

AVAGO TECHNOLOGIES GENERAL IP
(SINGAPORE) PTE. LTD.,

17
Plaintiff,
18
v.

Case No.: 3:15-CV-04525-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING JUDGMENT OF
NON-INFRINGEMENT OF THE ’730
PATENT

19
20
21

ASUSTEK COMPUTER INC. and ASUS
COMPUTER INTERNATIONAL,
Defendants.

22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER RE: JUDGMENT OF NONINFRINGEMENT OF THE ’730
PATENT, Case No. 3:15-cv-04525-EMC
Page 1

1

WHEREAS, Plaintiff Avago Technologies General IP (Singapore) Pte. Ltd. (“Avago”)

2

and Defendants ASUSTeK Computer Inc. and ASUS Computer International (collectively,

3

“ASUS”) stipulate and move for entry of judgment of non-infringement under asserted Claims 1-

4

5, 9, 12, 18-21, and 31-34 of U.S. Patent No. 5,670,730 (the “’730 Patent”) as to all Accused

5

Products under the Court’s Order Re Claim Construction (Dkt. No. 203); and

6

WHEREAS, entry of judgment of non-infringement now will allow the parties to forego

7

further expense and burden in litigation of Claims 1-5, 9, 12, 18-21, and 31-34 of the ’730 Patent,

8

while preserving Avago’s right to appeal the Court’s Order re Claim Construction (Dkt. No. 203);

9
10
11

IT IS HEREBY STIPULATED AND AGREED by Avago and ASUS, subject to the
approval of the Court, as follows:
1.

This is a patent infringement action brought by Avago against ASUS. Avago filed

12

this patent litigation against ASUS on February 20, 2015, in the United States District Court for

13

the Eastern District of Texas. See Dkt. No. 1. The patents-in-suit include U.S. Patent Nos.

14

5,670,730; 5,870,087; 6,188,835; 6,430,148; 6,982,663; 6,744,387; and 5,982,830 (collectively,

15

the “Asserted Patents”).

16

2.

Avago has accused certain electronic devices, namely certain desktop computers,

17

laptop computers, and tablets, of infringing the ’730 Patent (the “Accused Products”) as identified

18

in Plaintiff’s First Amended Disclosure of Asserted Clams and Infringement Contentions Under

19

Patent L.R. 3.

20
21
22

3.

This case was transferred to the Northern District of California in September 2015.

Dkt. No. 68.
4.

The parties have disputed the construction of the “first header” term found in

23

independent Claim 1 of the ’730 Patent. Avago proposed the following construction: “a data

24

structure on a music chip which includes information relating to the way the music tracks were

25

encoded in the memory of the music chip for use by the audio player in decoding the stored

26

music.” Dkt. 170-1 at 11. ASUS proposed the following construction: “a single data structure

27

that contains information corresponding to the way in which pre-recorded audio tracks are

28
STIPULATION AND [PROPOSED] ORDER RE: JUDGMENT OF NONINFRINGEMENT OF THE ’730
PATENT, Case No. 3:15-cv-04525-EMC
Page 2

1

encoded for storage in memory, which is used by the audio player to decode tracks for playback.”

2

Id.

3

6.

On May 27, 2016, the Court issued its Order Re Claim Construction construing the

4

disputed claim terms of the Asserted Patents. Dkt. No. 203. With regard to the “first header”

5

claim term of the ’730 Patent, the Court adopted the following construction: “A single data

6

structure that includes information used by the audio player to decode the collection of individual

7

tracks of audio stored in memory [i.e., the B&N Construction].” Dkt. No. 203 at 3.

8
9

7.

Avago and ASUS stipulate that, given the Court’s construction of the “first

header” term, the Accused Products do not infringe the asserted claims of the ’730 Patent.

10

8.

The parties respectfully request that the Court enter judgment of non-infringement

11

by the Accused Products as to the ’730 Patent to conserve judicial resources and to avoid the time

12

and expense of further discovery and motion practice related to the ’730 Patent. Upon entry of

13

final judgment in this case resolving the remaining Asserted Patents, Avago may file a notice of

14

appeal as to the Court’s construction of the “first header” claim term in the ’730 Patent in the

15

Courts Order Re Claim Construction (Dkt. No. 203).
IT IS SO AGREED AND STIPULATED this 1st day of July, 2016:

16
17

Dated: July 1, 2016

18

KILPATRICK TOWNSEND & STOCKTON LLP
By:

19

Attorneys for Plaintiff Avago Technologies General
IP (Singapore) Pte. Ltd.

20
21

/s/ David E. Sipiora
David E. Sipiora

Dated: July 1, 2016

ALSTON & BIRD, LLP

22

By:

23

ICT
S
TE
C
Attorneys for Defendants ASUSTeK Computer Inc.
TA
S

26

Dated:

LI

RT

H

STIPULATION AND [PROPOSED] ORDER RE: JUDGMENT OF NONINFRINGEMENT OF THE ’730
ER
C
PATENT, Case No. 3:15-cv-04525-EMC
Page 3
N

A

28

UNITED STATES JUDGE rd M. Chen
dwa
Judge E

NO

27

July 5, 2016

D

RDERE

OO
IT IS S

R NIA

IT IS SO ORDERED.

FO

25

UNIT
ED

and ASUS Computer International

RT
U
O

24

/s/ Michael J. Newton
Michael J. Newton STR
DI

F
D IS T IC T O
R