Tessera, Inc. v. Advanced Micro Devices, Inc. et al

Filing 1183

ORDER by Judge Claudia Wilken ADOPTING SPECIAL MASTERS 1164 REPORT AND RECOMMENDATION REGARDING ST DEFENDANTS MOTION TO SEVER AND GRANTING ST DEFENDANTS 1167 MOTION TO ADOPT THE REPORT RECOMMENDATION (ndr, COURT STAFF) (Filed on 3/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TESSERA, INC.,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C 05-4063 CW

v.
ADVANCED MICRO DEVICES, INC.;
SPANSION, LLC; SPANSION, INC;
SPANSION TECHNOLOGY, INC.;
ADVANCED SEMICONDUCTOR
ENGINEERING, INC.; ASE (U.S.),
INC.; CHIPMOS TECHNOLOGIES, INC.;
CHIPMOS U.S.A., INC.; SILICONWARE
PRECISION INDUSTRIES CO., LTD.;
SILICONWARE USA, INC.;
STMICROELECTRONICS N.V.;
STMICROELECTRONICS, INC.; STATS
CHIPPAC, INC.; STATS CHIPPAC
(BVI), LTD.; and STATS CHIPPAC,
LTD.,
Defendants.
/

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ORDER ADOPTING
SPECIAL MASTER’S
REPORT AND
RECOMMENDATION
REGARDING ST
DEFENDANTS’ MOTION
TO SEVER (Docket
No. 1164) AND
GRANTING ST
DEFENDANTS’ MOTION
TO ADOPT THE
REPORT
RECOMMENDATION
(Docket No. 1167)

AND ALL RELATED COUNTERCLAIMS
/
Defendants STMicroelectronics N.V. and STMicroelectronics,

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Inc. (ST Defendants) filed a motion before the Special Master

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seeking to sever the claims that Plaintiff Tessera, Inc. has

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asserted against them from those made against the other Defendants

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in this action.

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(1) ST Defendants’ motion be denied without prejudice; (2) the

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Special Master remain available to the parties for discussion on

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the subject of trial management and possible severance;

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(3) Tessera be compelled to submit a plan by June 30, 2013 on how

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this case and the related cases can be fairly tried; and

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(4) Defendants be allowed to move for some kind of severance or

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trial management by August 31, 2013.

The Special Master recommends to the Court that:

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ST Defendants have filed a motion, requesting that the Court

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adopt the Special Master’s recommendations without alteration.

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Tessera opposes ST Defendants’ motion and asks that its trial plan

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be due by July 30, 2013, after the July 15, 2013 due date for the

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parties’ rebuttal expert reports.

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object to the Special Master’s recommendations.

Tessera does not otherwise

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Having considered the papers filed by the parties, the Court

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finds that the Special Master’s recommended deadline represents a

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fair and appropriate way to balance the concerns expressed by the

United States District Court
For the Northern District of California

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parties.

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adopt the Special Master’s report and recommendations (Docket No.

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1167) and ADOPTS the Special Master’s recommendations (Docket No.

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1164) without alteration, except minor adjustments to the

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deadlines to ensure that they do not occur on a Saturday, Sunday

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or legal holiday.

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Therefore, the Court GRANTS ST Defendants’ motion to

The Court ORDERS that:

(1) ST Defendants’ motion for severance, made before the
Special Master, is denied without prejudice;
(2) the Special Master shall remain available to the parties

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for discussion on the subject of trial management and possible

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severance;

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(3) Tessera shall submit a plan by Monday, July 1, 2013 on
how this case and the related cases can be fairly tried; and
(4) Defendants may file a motion for severance and an
alternate trial plan by Tuesday, September 3, 2013.
IT IS SO ORDERED.

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Dated:

3/1/2013

CLAUDIA WILKEN
United States District Judge
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