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

Filing 1208

ORDER by Judge Claudia Wilken GRANTING THE ASE DEFENDANTS 1200 MOTION TO ADOPT THE SPECIAL MASTERS JUNE 19, 2013 ORAL REPORT AND RECOMMENDATION. 1202 Motion to Shorten Time and 1203 Stipulation are denied as moot. (ndr, COURT STAFF) (Filed on 7/19/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 TESSERA, INC., Plaintiff, 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 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., ORDER GRANTING THE ASE DEFENDANTS’ MOTION TO ADOPT THE SPECIAL MASTER’S JUNE 19, 2013 ORAL REPORT AND RECOMMENDATION (Docket Nos. 1200, 1202 and 1203) Defendants. ________________________________/ AND ALL RELATED COUNTERCLAIMS / Defendants Advanced Semiconductor Engineering, Inc. and ASE 18 (U.S.), Inc. (ASE Defendants) request that the Court adopt the 19 June 19, 2013 oral report and recommendation made by the Special 20 Master to resolve the ASE Defendants’ motion to enforce their 21 agreement with Plaintiff Tessera, Inc. that Tessera’s infringement 22 and damages expert reports were due by May 15, 2013. 23 opposes the motion. 24 the Court should utilize to review the Special Master’s report and 25 recommendation. 26 Tessera The parties also dispute the standard that Having considered the papers filed by the parties, the Court 27 grants ASE’s motion and adopts the Special Master’s report and 28 recommendation, under either the de novo or abuse of discretion 1 standard, for the reasons set forth by the Special Master orally 2 at the hearing. 3 email exchange and then again in the March 28, 2013 email 4 exchange, that Tessera’s expert reports on infringement and 5 damages with respect to the ASE Defendants would be due on May 15, 6 2013. 7 to serve supplemental expert reports on May 31, 2013, on the basis 8 that the ASE Defendants did not complete their production of die 9 thickness information until April 8, 2013; Tessera knew, at the The parties agreed, first in the March 22, 2013 Tessera has not shown that it had substantial justification United States District Court For the Northern District of California 10 time of the March 28, 2013 affirmation, that it would not receive 11 this production until April 8, 2013 and cannot now complain that 12 the agreed-upon schedule left it with insufficient time. 13 Tessera has not shown that the delay would not prejudice the ASE 14 Defendants. 15 Further, Accordingly, as recommended by the Special Master, the Court 16 orders that Tessera may not rely on the expert reports of 17 Professors Fan, Han, Sullivan, or Start served on May 31, 2013 18 with respect to any infringement or damages claim against ASE. 19 The Court denies ASE’s request for attorneys’ fees and costs 20 incurred in connection with comparing the original reports to the 21 supplemental reports and in bringing the motion to enforce the 22 agreement. 23 24 25 The motion and stipulation to shorten time are denied as moot. This Order resolves Docket Nos. 1200, 1202 and 1203. IT IS SO ORDERED. 26 27 28 Dated: 7/19/2013 CLAUDIA WILKEN United States District Judge 2

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